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THE LIBRARIES
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General Library s
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ORIGINES ECCLESIASTIC/E;
OR THE
ANTIQUITIES
OP
THE CHRISTIAN CHURCH,
AND
OTHER WORKS,
OP THE
REV. JOSEPH BINGHAM, M.A.
Formerly Fellow of University College, Oxford; and afterwards Rector of
Headbourn Worthy, and Havant, Hampshire ;
WITH A
SET OF MAPS OF ECCLESIASTICAL GEOGRAPHY,
TO WHICH ARE NOW ADDED,
SEVERAI. SHHTflONSf
AND OTHER MATTER, NEVER BEFORE PUBLISHED,
Tlie whole Revised and Edited, together with
^ iStogtapiiical Eccotint of tht Author,
BY HIS GREAT GRAXDSOK,
THE REV. RICHARD BINGHAM, B.C.L.
Prebendary of Chichester, Alcar of Hale Magna,
Incumbent of Gosport Chapel, and formerly Fellow of New College, Oxford.
IN EIGHT VOLUMES.— VOL. VL
LONDON:
PRINTED FOR WILLIAM STRAKER,
443, WEST STRAND.
MDCCCXXXIV.
CONTENTS.
BOOK XVI.
OF THK UNITY AND DISCIPLINE OF THE ANCIENT CHURCH.
CHAP. I.
Of the Union and Conimumon observed among Catholics in the
Ancient Church.
Sect, 1. Of the Fundamental Unity of Faith and Obedience to the Laws of
Christ. — 2. Of the Unity of Love and Charity, as an Essential part of
Christian Obedience. — 3. Other Sorts of Unity necessary to the Well-
being of the Church. — 4. Amons; these was reckoned, first the necessary
Use of One Baptism, ordinarily to be administered by the Hands of a
Regular Ministry. — 5. Secondly, Unity of Worship, in joining with the
Church in Prayers and Administration of the Word and Sacraments. —
6. Thirdly, the Unity of Subjection of Presbyters and people to their
Bishop, and Obedience to all Public Orders of the Church in Matters
of an indifferent Nature. — 7. Fourthly, the Unity of Submission to the
Discipline of the Church. — 8. How different Churches maintained Com-
munion with one another. Firsi in the Common Faith. — 9. Secondly,
in mutual Assistance of each other for Defence of the Common Faith. —
10. Thirdly, in joining in Communion with each other in all Holy
Offices, as occasion required, — IL Fourthly, in mutual consent to ratify
all Legal Acts of Discipline, regularly exercised in any Church what-
soever.— 12. Fifthly, in receiving Unanimously the Customs of the Uni-
versal Church, and submitting to the Decrees of General Councils. —
13. Sixthly, insubniitting to the Decrees of NationalCouncils. — 14. No
Necessity of a visible Head to unite all parts of the Catholic Church into
one Communion. — 15. Nor any Necessity that the whole Church should
agree in the same Rites and Ceremonies, which were things of an indif-
ferent Nature. — 16. What allowance was mad? for Men, who, out of
simple ignorance break Communion with one another. — 17. Of different
Degrees of Unity ; and that no one was esteemed to be in the perfect
Unitv of the Church, who was not in full Communion with hor.
A 2
359S60
CONTENTS.
CHAP. II.
Of the Discipline of the Churc/i, and the various Kinds of it;
toscether with the various Methods observed in the Administra-
tionof it.
Sect. 1. That the Discipline of the Churcli did not consist in Cancelling or
Disannulling any Man's Baptism. — "2. But in excluding Men from the
common Benefits and Privileges consequent to Baptism.— 3. This Power
originally a mere spiritual Power; though in some Cases the secular
Arm was called in to give its Assistance.— 4. This Assistance never re-
(\uired to ])roceed so tar, as for mere Error to take away Life, or shed
Blood. — 5. The Discipline of the Church deprived no Man of his natural
or civil Uiglit; nuicli less the Magistrate of his Power, or Allegiance
due to him. — But, consisted, first, in Admonition of the Offender. —
7. Secondly, in Suspension from the Communion, called the lesser Ex-
communication.— 8. Thirdly, in Expulsion from the Church, called, the
greater Excommunication, total Separation, Anathema, and the like.
9. This Sort of Excomnnmication commonly notified to other Churches.
10. After which he that was excommunicated in one Church, was held
excommunicate in all Churches. — II. And avoided also in civil Com-
merce and outward Conversation : and allowed no Memorial after Death.
12. The Grounds and Reasons of this Practice. — 13. No Donations or
Oblations allowed to be received from excommunicate Persons. — 14.
No one to marry with excommunicate Heretics, or receive their Eulo-
gicB, or read their Books, but burn them. — 15. What meant by deliver-
ing unto Satan. — 16. What by Anathema Maranatha. And whether
any such Forms were in Use in the Ancient Church. — 17. Whether Ex-
comnmnication was ever pronounced with Execration, or devoting the
Sinner to temporal Destruction.
CHAP. 111.
Of the Objects of Ecclesiastical Censures, or the Pei'sons, on whorn
they might be inflicted : with a General Account of the Crimes,
for which they might be inflicted.
Sect. 1. All Members of the Church, falling into great and scandalous
Crimes, made liable to ecclesiastical Censures without Exception. —
•i. Women as well as Men. — 3. The Rich as well as the Poor. No
Commutation of Penance allowed, nor Friendsiiip, nor Favour — 4.
What Privilege some claimed upon the Intercession of the INlartyrs in
Prison for them : and how this was answered by Cyprian. — 3. Magis-
trates and Princes subject to Ecclesiastical Censures as well as any
others.— G. In what cases the greater excommunication was forborne
COMENTS. V
for the Good of the Church. — 7. Tlic iniioccnl never involved among llif
Guilty in ecclesiastical Censures. The Orif^iiial and Novelty of jiopish
Interdicts. — 8. 'I'lu' Uauf^t-rof exconiiiuinicatini? iiinociiit Persons.— 9.
No one to be excoininiinicati-d witliout briiis,'' lirst heard and allowed to
speak for himself.— Ut. Nor without lejcal Conviction, cither by his own
Confession ; or credible Evidence of Witnesses, against whom there
was no just Kxception; or such Notoriety of the Fact, as made a Man
liable toExconnuniucation Ipxo F«c/o, withf)ut any formal Denunciation.
— II. Excommunication not ordinarily inflicted on Minors, or Children
under Age. — I'i. How Persons were sometimes excommunicated after
Death.— 13. The Censures of the Church not to be inflicted for small
Olfences.— 1 1-. ^V■hat the Ancients meant by small Oll'ences in this Mat-
ter, and how they distinguished them from thi^ greater. — 15. ICxcommu-
nication not inflicted for temporal Causes. — 1(1. No Uishop allowed to
use it to avenge any private Injury done to himself. — No Man to be
excommunicated for Sins only in Design and Intention. — 18. Nor for
forced or involuntary Actions.
CHAP. IV.
A Particular Account of those called, Great Crimes. Of Trans-
gressions of the First and Second Commandment. Of the
Principal of these, viz. Idolatry. Of the several Species of
Idolatry, and Degrees of Punishment allotted to them accord-
ing to the Proportion and Quality of the Offences.
Sect. 1. The Mistake of some about the Number of great Crimes, in con-
fining them to Idolatry, Adultery, and Murder.— 2. The Account giveu
of great Crimes, in the civil Lav? extended much further. —
3. In the ecclesiastical Law the Account of great Crimes ex-
tended to the whole Decalogue. — 4. A particular Enumeration of the
great Crimes against the first and second Commandments. Of f(h)latry,
and the several Species or Branches of it. — 5. Of the Sacrijicati -dud
Thurifirati, or such as fell info Idolatry by offering Incense to Idols,
or partaking of tlie Sacrifices.— G. Of the Libellatici. Wherein their Ido-
latry consisted. — 7. Of those, who feigned themselves mad, to avoid
Sacrificing.— 8. Of Contributors to Idolatry. Of the Flamines, Mune-
rarii, and Coronati. What they were, and how guilty of Idolatry. — 9.
How the Office of the Duumvirate made Men guilty of Idolatry, and how
it was punished.— 10. How Actors and Stage-players, and Charioteers,
and other Gamesters, and Frequenters of the Theatre and the Circus
were charged with idolatry, and punished for it. — 1 1. Idol-makers, their
Crime and Punishment. — \2. The Idolatry of building heathen Tem-
ples and Altars. — 13. Of Merchants selling Frankincense to the Idol
Temples: and the Buyers and Sellers of the public Victims. — 14. Of
eating Things ofi'ered to Idols. How and when it stood chargeable with
Idolatry. — \o. Whether a Christian out of Curiosity might be present
at an Idol-Sacrifice, not joining- in the Service. — 16. Whether he might
eat his own Meat in an Idol-Temple. — 17. Or feast with the Heathen
on their Idol-Festivals. — 18. Of the Idolatry of worshipping Angels,
Saints, Martyrs, Images, &c. — 19. Of Encouragers of Idolatry and
<*onnivcrs at it. And of the contrary Extremcin demolishing Idols
without sufficient Authoritv to do it.
vi CONTENTS
CHAP. V.
Of the Practice of curious and forbidden Arts, Divination,
Magic, and Inchantment : and of tlie Laicn of the Church
made for the Punishment of them.
Sect. 1.— Of several Sorts of Divination. Particularly of judicial Astro-
logy 2. Of Augury and Sootlisaying.— 3. Of Divination by Lots— t.
Of bivinalion by express Compact with Satan.— 5. Of Magical Inchant-
ment and Sorcery.— (i. Of Amulets, Charms, and Spells to cure Diseases.
7. Of the Pra'siiyicc, or false Miracles wrought by the Power of Satan.
8.— Of the Observation of Days and Accidents, and making Presages
and Omens upon them.
CHAP. VI.
Of Apostacy to Judaism, and Paganism,- of Heresy arid
Schism ; and of Sacrilege and Simony.
Sect. 1.— Of such as apostatized totally from Christianity to Judaism.—
2. Of such as mingled the Jewish Religion and the Christian together. --
3. Of such as communicated with the Jews in their unlawful Rites and
Practices.-— l. Of such as apostatized voluntarily into Heathenism.—
6. Of Heretics and Schismatics, and their Punishments both ecclesias-
tical and civil.-— 6. A particular Account of the civil Punishments in-
flicted on them by the Laws of the State.— 7. How Heretics were
treated by the Discipline of the Church. First, they were anathema-
tized, and cast out of the Church. — 8. Secondly, Debarred from entering
the Church by some Canons, though not by ail.— 9. Thirdly, No one to
encourage Heretics and Schismatics by frequenting their Assemblies.---
10, Fourthly, No one to eat or converse with Heretics, or receive their
Presents, or retain their Writings, or make Marriages with them, &c.-"
IL Fifthly, Heretics not allowed to be Evidence in any ecclesiastical
Cause against aCatholic— 12. Sixthly,Heretics not allowed to succeed to
any paternal Inheritance.— 13. No Heretic to have promotion among the
Clergy after his Return to the Church.— 14. No one to be ordained, who
kept any in'his Family that were not of the catholic Faith.— 15.No oncto
bring his Cause before an heretical Judge under Pain of Excommunica-
tion.—16. What Term of Penance imposed upon relenting Here'.ics.--
17. How this varied according to the Age and State, and Condition of
several Sorts of Heretics.— 18. Heresiarchs more severely treated than
their Followers. — 19. And voluntary Deserters more severely than they,
who complied only out of Fear.--20. A Diflerencc made between such
Heretics as retained the Form of Haptism, and such as rejected or cor-
rupted it.— 21. No one to be reputed a formal Heretic, before he contu-
maciously resisted the Admonition of the Church.— 22. The like Dis-
tinctions observed in inflicting the Censures of the Church upon Schis-
matics, according fo the different Nature, and various Degrees of their
CONTENTS. Vii
Schism. ---28. Of Sacrilcfje. Particularly of divertinjr thiniirs npproi)ri-
ated to satTL'J Uses, to other Purj)<)si'!5.---2l'. Of Sacrilf^'c cominittcd in
robbing liraves.— 'ij. Tiie Sacrilege of the ancient Traditors, who
delivered up tlieir Bibles and sacred Utensils to the Jlealhin to be
burnt.-— 'JO. The Sacrilege of profaning the Sacraments, and Altars,
and tiiolloly Sc-iii)tures, &c.— 27. The Sacrilege of depriving Men of
the Use of the Scripture, and the \Vord of God, and the Sacraments,
particiilariy the Cup in the Lord's-Supper.— '28. Of Simony in buying
and selling spiritual liifts.---29. Of Simony in purchasing spiritual Pre-
ferments.---3C. Of Simony in ambitious Usur|)atiou of holy Offices, and
lutrusion into other Men's Places and Preferments.
CHAP. VII.
Of Sins against the Third Commandment, Blasphemy, Pro-
fane Swearing, Perjury, and Breach of Vows.
Sect. 1. The Blasphemy of Apostates.— 2. The Blasphemy of Heretics and
profane Christians.— 3. TheBlasphemy against the Holy Ghost. Where
is particulary enquired, wiiat Notion the Ancients had of it; In what
sense they believed it unpardonable ; and what Censures they inflicted
on it.— 4. Of profane Swearing. All Oaths not forbidden.— 5. But only
the Custom of vain andconnnon Swearing.-— 6. And Swearing by the
Creatures.— -7. And by the Emperor's Genius, and Saints, and Angels,
»S:c.— -8. Of Perjury and its Punishments.— -9. Of Breach of Vows.
CHAP. VIII.
Of Sins against the Fourth Commandment , or Violations of
the Law enjoining the Religious Observation of the Lord's-
Day
Sect. I. Absenting from religious Assemblies on the Lord's-Day how pu-
nished by the Laws of the Ciiurch.— 2. Of frequenting some Part of the
Lord's Day Sorvice,and neglecting the Rest. --3. Fasting on the Lord's-
Day prohibited under Pain of Excommunication.— -4. Frequenting the
Theatres and other Shews and Pastimes on this Day haw punished.
CHAP. IX.
Of great Transgressions against the Fifth Commandment, viz.
Di.'iobedience to Parents and Masters ; Treason and Rebellion
against Princes ; and ContemjA of the Laws of the Chvrch.
Sect.^ 1. Children not to desert their Parents under Pretence of Religion.
The t^ensure of such as taught otherwise.— "2. CJiildren not to rnarrv
Vm CONTENTS.
without the Consent of their Parents.— 3. Nor slaves without the Con-
sent of their Masters.— 4. The Punishment of Treason, and Disrespect
to Princes.— 5. Contemners of the Laws of the Church liow censured.
CHAP. X.
Of great Transgressions against the Sixth Commandment ,- of
Murder and Manslaughter, Parricide, Self-murder, Dismem-
bering the Body, exposing of Infants, causing of Abortion, 8fc.
Sect. 1. Murder ever reckoned a Capital and Unpardonable Crime by the
Laws of the State. — 2. How punished by the Laws of the Church. —
3. The Heinousness of Murder alien joined witli other crimes, as Idola-
try, Adultery, and magical Practices.— -4. Causint^ of Abortion con-
demned and punished as Murder. ---5. The Punishment of Parricide.—
6. Self Murder.— 7. Of DisnuMiibeiiiig the Body.— -S. Of involuntary
Murder by Chance or Maiislaufjiiter.-— 9. False Witness ag'ainst any
Man's Life reputed Murder.— 10. Informers ag'z.inst the Brethren in
Time of Persecution, treated as Murderers.— 11. P^xposina: of Infants
reputed Murder. — 12. If a Virgin, deflowered by a Rape, kills herself for
Grief, the Corrupter is reputed guilty of the Murder. — 13. The Lanistcp,
ox Fencing-Masters reputed Accessories to Murder, and their calling
condemned. — 14. Spectators of the Murders committed on the Stage,
accounted Accessories to Murder also. — 15. Famishers of the Poor and
Indigent reputed guilty of Murder. — 16. And all they, by whose Autho-
rity Murder was committed. — 17. Enmity, and Strife and Quarrelling,
punished as lower Degrees of Murder.
CHAP. XI.
Of great Transgressions against the Seventh Commandment,
Fornication, Adultery, Incest, Polygamy, 8fc.
Sect. 1. The Punishmentof Fornication.— 2. Of y\dultery — 3. Of Incest. —
4. Whether the Marriage of Cousin-Germans was reckoned Incest. — 5.
Polygamy and Concubinage. — 6. Of marrying after unlawful Divorce.
— 7. Of Second, Third and Fourth Marriages.— 8. Of Ravishment.— 9.
Of unnatural Impurities. — 10. Of maintaining and allowing Harlots. —
11. Of writing and reading lascivious Books. — 12. Fretiuenting the
Theatre and Slage-plays forbidden upon this Account. — 13. As also all
Excess of Riot and Intemperance for the same Reason. — 14. And pro-
miscuous Bathing of Men and Women together. — 15. And promiscuous
and lascivious Dancing, wanton Songs, &c. — 10. As also promiscuous
Clothing, or Men and Women interchanging Apparel. — 17. And suspect-
ed Vigils, or Pernoctations of Women in Churches under Prtlenct of De-
votion.
COME MS. IX
CHAP. XII.
Of great Transgressions of the Eighth Commandment, Theft,
Oppression, Fraud, 8fc,
Sect. 1. The Censure of those Heretics, who tanght the Doctrine of Re-
niinciiition, or Necessity of having all Thiujfs Common. — OfPlaf^iary or
Man-stealing. — 3. Of malicious Injustice. — -t. Of simple Theft. — 5.
Of detaining lost Goods from the true Owner. — 0. Of refusing to pay
just Debts. — 7. And what Men are bound to by the Obligation of Pro-
mise and Contract. — 8. Of removing Bounds and Landmarks. — 9. Of
Oppression. — 10. Of the Exactions and Bribery of Judges. — 11. Of
the Exactions of Publicans, and Collectors of the Public Revenues, and
other Officers of the Roman l''nipire. — 12. Of the Exactions of Advocates
and Lawyers, and Ajjparitors of Judges. — 13. Of griping Usury and
Extortion. — li. Of Forgery. — 15. Of Calumny with Regard to Men's
Estates and Fortunes : and the Reverse of it, the Fraud of Adulation and
Flattery, — 16. Of Deceitfulness in Trust. — 17. Of Deceitfulness in
Traffic. — 18. Of abetting and concealing of Robbers; buying stolen
Goods, &c. — 19. Idleness censured as the Mother of Robbery.— 20. And
Gaming as an Occasion of Fraud, and Ruin of many poor Families, who
by these Means were reduced to the greatest Exigence.
CHAP. XHI.
Of great Transgressions against the Ninth Commandment^
False Accusation, Libelling, Informing, Calumny and Slander,
Railing and Reviling.
Sect. L— Of false Witness.— 2. Of Libelling.— 3. Of Detraction, Whis-
pering, and Back-biting.— 4. Of Railing and Reviling, or scurrilous
and abusive Language : and of revealing Secrets.— 5. Of Lying. How
far it brought Men under the Discipline of the Church.
CHAP. XIV.
Of great Transgressions against the Tenth Commandment,
Envy, Covetousness, 8fc.
Sect. L— Whether Envy brought Men under tiie Discipline of the Church.
—2. Of Pride, Ambition, and Vain-glory.— 3. Of Covetousness.— t. Of
Carnal Lusts.
X CONTENTS.
BOOK XV 11.
OF THE EXERCISE OF DISCIPLINE UPON THE CLERGY IN
THE ANCIENT CHURCH.
CHAP. I.
Of the Difference of Ecclesiastical Censures inflicted on Clergy-
men and Laymen.
Sect. 1. The peculiar Notion of Communion ecclesiastical, and Excommu-
nication ecclesiastical, as applied to the Clergy.— 2. The Clergy usually
punished by a Removal from their Office, but not always subjected to
public Penance, as Me.i wholly cast out of the Communion of the Church.
— 3. Yet in some special Cases both Penalties inflicted. — 4. Of Suspen-
sion from their Revenues. — 5. Of Suspension from their Office. — 6. Of
Deposition or Degradation.
CHAP. II.
Of reducing the Clergy to the State and Communion of Laymen,
as a Punishment for great Offences.
Sect. 1. Lay-Communion not the same as Communion in' one Kind only.
— 2. Neither does it signify barely conuuunicating among Laymen with-
out the Rails of the Chancel. — 3. But a total Degradation, or Depriva-
tion of Orders, and Reduction to the State and Condition of Laymen. —
4. Clergymen thus reduced, seldom allowed to recover their ancient
Station.— 5. Notwitlistaudiiig the indelible Character of Ordination. —
6. Rut sometimes excomminiicated, as well as deposed, and denied the
Communion of Laymen. — 7. Sometimes removed and corrected by the
Assistance and Authority of tlie secular Power. — S. What meant ijy the
Punishment called Curiee tiadi, or delivering up to the secular Court.
CHAP. III.
Of the Punishment, called Peregrina Communio, or reducing
Clergymen to the Communion of Strangers.
Sect. 1. The several Canons wherein this Punishment is mentioned. — 2.
The ( onnnunion of Strangers not the same as Lay-Coiiiniunion.— 3. Nor
Communion in one Rind.— L Nor Communion at the Hour of Death —
o. Nor the Communion of such as were enjoined to go on Pilgrimage on
Karlh, which was a Piece of Discipline unknown to the Ancients.—
COM'ENTS. XI
(). Nor any i;ii\atc and peculiar Obliition for Strangers. — 7. But coiiimu-
nicaliii}; only as Strangers travellinj;- without commendatory Leliers,
who might (Jiirtakf ol the Church's Charity, but not of the Clinimunion
of the Altar.— S. This Notion confirmed from several Parts of ancient
History.— 9. WhatSort of Penance was necessary to restore such delin-
quent Clcri;yn;ento their Office and Station again.
CHAP. IV.
Of some other special and peculiar IVays of inflicting Punish-
ment on the Clergy.
Sect. 1. Sometimes the Clergy perpetually suspended from their Office, yet
allowed to retain their Title and Dignity. — 2. Sometimes degraded not
totally, but partially, from one Order to another. — 3. Sometimes de-
prived of a Part of their Office, but allowed to exercise the Rest. — 4.
Sometimes deprived of their Power over a Part of their Flock, but al-
lowed it over the Rest. — 5. Bishops in Afric punished by dcprivingthem
of their Seniority, and Right of succeeding to the Primacy or metropo-
lilical Power.— 6. Also by confining them to the Communion of their
own Church. — 7. Or by removing them from a greater Diocese to a les-
ser.— 8. The Clergy in general punished by a Loss of their Seniority
among those of their own Order. — 9. The inferior Clergy punished by
rendering them incapable of being promoted to any higher Order. — 10.
The Clergy sometimes punished by denying them the public Exer-
cise of their Office, whilst they were allowed to officiate in |)rivate. — 11.
Of Intrusion of Otl'enders into a Monastery to do Penance in private. —
12. Of corporal Punishment. How far used as a Piece of Discipline
upon the inferior Clergy.
CHAP. V.
A particular Account of the Crimes for which Clergymen were
liable to be punished with any of the forementioned Kinds of
Censure.
Sect. 1. All C^rimes that were punished with Excommunication in a Layman,
punished with Suspension or Deprivation in the Clergy. — 2. Some Crimes
rendered an Ordination originally void: and for such Crimes the Clergy
were immediately liable to be degradcfi from the very Moment of their
Ordination. — As 1. For Ignorance or Heterodoxy in Religion. — 3. Se-
condly for great Immorality before their Ordination: and for being or-
dained against any of the known Rules of Ordination. As if he were a
Digamist, or married to a Widow, or to one that had been divorced
from another Man. If he were ordained diroXiXv^iit'iog, without
being fixed to some particular Diocese. If he were ordained without
Letters dimissoiy against the Consent of his own Bishop; or without
the Consent of any of the Parties, that had a Right to vote in his Elec-
tion. If any Bishop was ordained, who had before been degraded
from his Orders. Or if he was ordained into a full See, where anothu*
XII CONTENTS.
M'as regularly ordained before liiin. If any was an Encrguraen, or
under the agitation of an evil Spirit, when he wasordaiued.If any had vo-
luntarily mangled his own Body ; if any one was ordained, who had never
been baptized, or not baptized in due Form, or was baptized by Here-
tics, or re-baptizi'd by them ; if any made Use of the secular Powers to
gain a Promotion in the Church; if a Bishop ordained any of his own
unwortliy Kindred ; ifa Bishop clandestinely ordained his own Successor
without the Consent of the Metropolitan or a provincial Council; or if
two Bishops clandestinelyordained a Bishop without the Consent of their
Fellow Bishops and the Metropolitan; in all these Cases the Clergy so
ordained were liable to be deposed for transgressing the Rules of Ordi-
nation.— 4. No Remedy allowe<l in this Case by doing public Penance
for Offences. For all public Penitents were forever inca])able of Ordi-
nation. And if any such were ordained, they were immediately liable to
be deposed and degraded. — 5. Some Impediments of Ordination arising
from Men's outward State and Condition in Ihe World, were also some-
times Occasions of Deprivation. A& if any Soldier was ordained, or any
Slave or Vassal without the Consent of his Master; or any Member
of a ciyil Corporation, or any of the Curiales in the Roman Govern-
ment.— 6. What Crimes might occasion the Deprivation of the Clergy,
or other Censures to befal them, in the Performance of their Office, or
rather Non-performance of it after Ordination. Clergymen to be cen-
sured for Contempt of the Canons in general. — 7. More particularly for
Negligence in thi-ir Duty. — 8. For neglecting to use the public lyiturgy.
Lord's Prayer, Hymns, &c. — 9. For making any Alteration in the Form
of Baptism. — 10. For not frequenting divine Service daily. — II. For
meddling with secular Offices. — 12. For deserting their own Church
■withotrt Licence, to go to another. — 13. For officiating after the Condem-
nation of a Synod. — 14. For Appealing from the Censure of a provincial
Synod to any foreign Churches. — 15. For refusing to end Controversies
before Bishops, and flying to a secular Tribunal. — 15. For suffering
themselves to be re-baptized or re-ordained. — 17. For denying them-
selves to be Clergymen. — 18. For publishing Apocryphal Books. — 19.
For superstitious Abstinence from Flesh, Wine, &c.— 20. For eating of
Blood. — 21. For contemning the Fasts or Festivals of the Church.— 22.
For not observing the Rules about Easter. — 23. For wearing an indecent
Habit. — 24. For keeping Hawks or Hounds, and following any unlawful
Diversions. — 25. For suspicious Cohabitation with strange Women. 26.
For marrying after Ordination. — 27, For retaining an adulterous Wife.
28. For Non-residence. — 29. For attempting to hold Preferment in two
Dioceses. 30. For needless frequenting of public Inns and Taverns. 31.
For conversing familiarly with Jews, Heretics, or Gentile Philosophers.
32. For using over rigorous Severity towards Lapsers. — 33. For want of
Charity to indigent Clergymen in their Necessity. — 34. Forjudging in
Cases of Blood. — 35. Crimes, for which Bishops in particular might be
suspended or degraded. For giving Ordinations contrary to the Canons,
f 36. For neglecting to put the Laws of I)iscii)line in Execution. 37. For
dividing their Diocese, and erecting new Bisho|)rics without Leave.
Or for extending tlu'ir Claim toother Men's Riglils beyond their own
Limits and Jurisdiction.— 38. For not attending Provincial Councils,
39. For oppressing the People w ith unjust Exactions. — 40. For harbour-
ing such as tied from another Diocese without I^eave. — 41. Cliorcpincopi
might be censured for acting beyond their Commission. — 42. And Pres-
byters for usurping upon tiic Episcopal Office. — 43. And Deacons for
assuming Offices and Privileges above their Order and Station.
CONTKNTS. Xlii
HOOK Will.
OP THE SEVERAL ORDERS OF PENITENTS, AND THE METHOD
OP PERFORMING PUBLIC PENANCE IN THE CHURCH, BV
GOING THROUGH THE SEVERAL STAGES OF REPENTANCE.
CHAP. I.
A particular Account of the several Orders of Penitents in the
Church.
Sect. 1. Ptnitents divided into four distinct Orders or Stations. 9. Tlie
first Original of this Distinction. 3. Of the first Order, cdlled Flentes,
or Mourners, i. Of the second Order, called Audientes, or Hearers.
6. Of the third Order, called Prostrators, or Kneelers, and Penitents
in the strictest Sense. G. Of the fourth Order, caXled Cojisistentes, or
Co-standers.
CHAP. II.
Of the Ceremonies used in admitting Penitents to do public
Penance, and the Manner of performing public Penance in the
Church.
Sect. 1. Penitents first admitted to Penance by Imposition of Hands. 2. At
which Time they were obliged to appear before the Bishop with Sack-
cloth and Ashes upon their Heads. This Ceremony anciently not confined
to Ash-Wednesday, or the Beginning of Lent, but Persons were admit-
ted to Penance at any Time, as the Bishop judged most proper in his
own Discretion. 3. Penitents obliged to cut offtheir Hair, or go veiled,
as another Tolten of Sorrow and Mourning. 4. Penitents to abstain from
Bathing and Feasting, and other innocent Diversions of Life. 5, Pe-
nitents to observe all the public Fasts of the Church. 6. Penitents to
restrain themselves in the Use of the conjugal State. 7. For which
Reason no married Persons were admitted to Penance, but by Consent of
both Parties. 8. Penitents not allowed to marry in the Time of their
Penance. 9. Penitents obliged to pray kneeling, whilst others prayed
standing, on all Festivals and Dajs of Relaxation. 10. Penitents ob-
liged to shew great Liberality to the Poor. II. And to minister and
serve the Church in burying the Dead
XIV CONTKNTS.
CHAP. HI.
A particular Account of the Exomolog-esis, or penitential Com-
fession of the ancient Church; shewing it to be a different Thing
from the private or auricular Confession introduced by the
Church of Rome.
Sect. 1. The gross Mistake of those, who make the Exomologesis of the
ancient Church to signify auricular Confession. — 2. No Necessity of
auricular Confession ever urged by the ancient Church. — 3. This proved
further from the Practice of the Ancients in denying all Manner of Ab-
solution to some relapsing Sinners, without excluding them from the
Mercy and Pardon of God, upon Confession to Him alone. — 4. And from
above twenty Considerations of the like Nature. — 5. Yet private Con-
fession allowed and encouraged in some Cases. — As first for lesser Sins,
Men were advised mutually to confess to one another, to have each
other's Prayers and Assistance. — 6. Secondly in case of Injuries done to
private Persons, Men were obliged to confess, and ask Pardon of the
injured Party. — 7. Thirdly, when they were under any Troubles of Con-
science they were advised to make private Confession to a Minister,
to have his Counsel and Direction. — 8. Fourthly, to take his Advice
also, wheihcr it was proper to do public Penance for private Offences.
— 9. Fifthly, when there was any Danger of Death arising fromthe
Laws of the State against certain Oflenccs. — 10. Sixthly, private Con-
fession was also required in Case of private Admonition for Offences.
—11. The Office of the penitentiary Priest set up in many Churches to
receive and regulate such private Confessions. — 12. This Office was af-
terwards abrogated in the East by Nectarius, and Men were left to their
Liberty as to what concerned private Confession.
CHAP. IV.
Of the great Rigour, Strictness, and Sei'erity of the Discipline
and Penance of the ancient Church.
Sect. 1. Public Penance ordinarily allowed but once to any sort of Sin-
ners.— 2. Some Sinners lield under a strict Penance all their Lives to
the very Hour of Death. — 3. Such as were absolved upon a Death-
bed, were obliged to perform their ordinary Ptimnce, if they recovered.
— 4. Some Sinners were denied Communion at their last Hour. — 5. How
this may be vindicated and cleared from the Charge of Novatianism. —
6. This Rigour abated in after Ages, without any Retlection on the pre-
ceding Practice. — 7. What Liberty was allowed to Bishops in impo-
sing of Penance, and exacting proper Satisfaction of Sinners. Some
Sinners allowed to do Penance twice.— 8. Bishops had also Power to
moderate the Term of Penance upon just Occasion.— 9. And this was
the true ancient Notion of an Indulgence. — 10. Which was sometimes
granted at the Intercession of the Martyrs, or the Instance of the civil
CONTENTS. XV
Magistrulc— II. Bishops had also n Power to alter the Nature of the
Penalty iu some Measure, as well as the Term of it.— 12. What the
Ancients mean by ttie Term, LrgUima Pcenitentia.— iZ. What meant by
the Phrase, Inter JJt/emantcs orare.
BOOK. XIX.
OF ABSOLUTION, OR THE MANNER OF RE-ADMITTING PENI-
TENTS INTO THE COMMUNION OF THE CHURCH AGAIN.
CHAP. 1.
Of the Nature of Absolution, and the several Sorts of it : More
particularly of such as relate to the penitential Discipline of
the Church.
Sect 1. — All Church-absolution only ministerial, not absolute. — 2. Of the
grand Absolution of Baptism. That this was of no use in penitential
Discipline to Persons once baptized. 3. Of the Absolution granted by
the , Eucharist. 4. Of Absolution declaratory and eflective by the
Administration of the Word and Doctrine. 5. Of the precatory Abso-
lution given by Imposition of Hands and Prayer. 6. Of the Judicial
Absolution of Penitents by restoring them to the Peace and full Com-
munion of the Church.
CHAP. n.
Of the Circumstances, Rites and Citstoms anciently observed in
the public Absolution of Si7iners.
Sect. 1. No Sinners anciently absolved, till they had performed their regu-
lar Penance, e.vcept in Case of imminent Death. 'J. Penitents publfcly
reconciled in Sackcloth at the Altar. 3. Sometimes more publicly be-
fore the Apsis, or Reading-desk. 4. Absolution at the Altar always
given in a supplicatory Form by Imposition of Hands and Prayer. 6.
Absolution in the indicative Form, Ego te absolvo, not used till the
twelfth Century. 6. In what Sense that Form may be allowed. 7,
Why Chrism or Unction was sometimes addeti to Imposition of Hands
in the Reconciliation of certain Heretics and Schismatics to the Church.
8. Why some Heretics could be reconciled no other way but by a new
Baptism. 9. What Conditions were required of those, who fell from
the Church into any Heresy or Schism, when they were reconciled to
the Church again, 10. Of the Time of Absolution. 11. How the
Church absolved some Penitents, and received them into Communion
after Death.
XVJ CONTENTS.
CHAP. 111.
Of the Minister of EcclesiaMical Discipline, and particularly of
the Minister of Absolution.
Sect. 1. All the Power of Discipline primarily lodged in the Hands of the
Bishop. — 2. This in many Cases committed to Presbyters, either by a
general or particular Coirmission. — 3. And to Deacons also. — 4. How
far, and ia what Sense Absolution might be said to be given by a
J.4iyraan.
THE
ANTIQUITIES
OF THE
CHRISTIAN CHURCH
BOOK XVI.
OF THE UNITY AND DISCIPLINE OF THE
ANCIENT CHURCH.
CHAP. I.
Of the Union and Communion observed in the Ancient
Church.
Sect. 1. — Of the fundamental Unity of Faith and Obedience to the Laws
of Christ.
The design of ecclesiastical discipline being chiefly to
preserve the unity of the Church in all necessary things,
and keep it in purity, and free from corruption, by turning
out unworthy members from her society and communion,
and denying them all the privileges that belong to it;
nothing will be more proper to usher in a discourse con-
cerning the discipline of the ancient Church, than first to
give a preliminary account of that union and communion,
which she laboured to preserve in all her members united in
one mystical body under Christ, her universal head. And
here first of all, the unity of faith was principally insisted on,
\s the foundation, on which all other sorts of Christian unity
''.yere built : and next to this, they required the unity of ho-
VOL. VI. B
2 THE ANTIQUITIES OF THE [BOOK XVI.
liness or obedience, that the Church might be one in ob-
serving all the laws and institutions of Christ.* Some
reckon the first sort of unity fundamental and essential to the
very being of the Church, and all others only necessary to
the well-beino- of it. But 1 conceive the Ancients account-
cd both the unity of faith and obedience necessary as funda-
mentals to the very being of the Church,^ being both joined
together by our Saviour, as the rock on which his Church
should be built. For, as he says of failh, " Upon this rock
will I build my Church, and the gates of hell shnll not pre-
vail against it," Matth. xvi. 18. So he says of obedience to
his laws, " Whosoever heareth these sayings of mine, and
doth them, I will liken him to a wise man, which built his
house upon a rock: and the rain descended, and the floods
came, and the winds blew, and beat upon that house: and it
fell not, for it was fourided upon a rock. But every one,
that heareth these sayings of mine, and doeth them not, shall
be likened unto a foolish man, which built his house upon the
sand : and the rain descended and the floods came, and the
winds blew, and beat upon that house ; and it fell : and great
was the fall of it." Matth. vii. 26-27. St. Luke, in relating the
same passage, words it thus : " he that heareth, and doeth not,
is like a man that without a foundation built an house upon
the earth, aoainst which the stream did beat; vehemently, and
immediately it fell; and the ruin of that house was great."
Luke vi. 49. So that obedience, as well as faith, is part of
that foundation upon which the Church of Christ is built :
and he, that retains not the unity of obedience, wants an es-
sential part of its foundation, and is not a real living mem-
ber of Christ's mystical body ; but only a broken, or a
withered branch of it. In regard to which, our Saviour
says in another place, " Whosoever shall break one of these
least commandments, and shall teach men so; he shall be
called the least in the kingdom of heaven," Matth. v. 19.
Upon this account, when he sent his Apostles to teach
all nations, he enjoined them two things, first, " To baptise
' Claget of Church Unity, p. 196. « Vide Aug. de Unit. Eccles.
cap. xxl.
CHAP. l.J CHRISTIAN CHDKCH. 3
them in the name, (or faith) of the Father, and of the Son,
and of the Holy Ghost f and secondly, "To teach them
to observe all tiiinas whatsoever he had comman(hKl them."
Matth. xxviii. 20, And for the same reason the ancient
Church never admitted any persons to baptism, which was
the ordinary door of admitting];- proselytes, and uniting- them
as members to the body of the Church, without first obli-
g'lng them to do these two things : first, to make profession
of the primary articles of the Christian faith : and secondly,
to promise, or bind themselves by a strict eng^agement and
vow, to live in holy obedience to the laws and institutions
of Christ. As I have fully shewn in a former book,* treat-
ing- of the necessary conditions required of men before their
baptism. Where I have particularly remarked out of
St. Austin, that he wrote that excellent book, De Fide et
Operibus, to shew the necessity of obedience and g-ood
works, as well as faith, to the being- of a Christian : against
some who pretended, that the profession of faith in Christ,
and not the profession of obedience to his laws, was neces-
sarily to be required of men, in order to unite them as Chris-
tians to the body of the Church by baptism. They said,
men were to be baptised, and united to the Church, so long-
as they kept the foundation of faith entire, v\'hatever wicked
works they built thereupon : for these would be purged
away by certain punishments of fire, and they would obtain
salvation at the last by virtue of the foundation, which they
retained. To which St. Austin replies, that this was a false
interpretation of the Apostle's meaning ; and that however
these men were so impudent, as to charge the Church's
practice with novelty ; yet it was always a firm custom obtain-
ing in the Church, to reject professed workers of iniquity
from baptism, and constantly refuse them the communion of
the Church : and this was grounded upon the rules of an-
cient truth, which manifestly declared, that they, which
do such things, shall not inherit the kingdom of God.
Since therefore both faith and obedience were reckoned
essentially necessary to baptism, they must be concluded
' Book. ii. chap. vii. sect. 6.
B 2
4 THR ANTIQT'ITIES OF THE [bOOK XVI.
equally necessary to preserve men in the real and prrfect
unity of the Church ; iinless Ave could suppose, that any
thing- was necessary to make a man a Christian, that was not
necessary to make or keep him a member of the Church.
If it he now inquired, what articles of faith, and what
points of practiio were reckoned thus fundamental, or es-
sential to the very hemo- of a Christian, and the union of
many Christians into one body or Church : the Ancients are
very plain in resolving this. For as to fundamental articles
of fai^i, the Church had them always collected or summed
up out of SeripUire in her creeds, the profession of Avhich
was ever esteemed both necessary on the one hand, and
sufficient on the other, in order to the admission of mem-
bers into the Church by baptism ; and consequently both
necessary and sufficient to keep men in the unity of the
Church, so far as concerns the unity of faith generally re-
quired of all Christians, to make them one body and one
Church of believers. Upon this account, as J have had oc-
casion to shew in a former hook,^ the creed was commonly
called by the Ancients, the KavwV and Reyula Fidei, be-
cause it was the known standard or rule of faitk, by
whicl) orthodoxy and heresy were judged and examined.
If a man adhered to this rule, he was deemed an orthodox
Christian, and in the union of the Catholic faith: but if he
deviated from it in any point, he was esteemed as one that
liad cut himself oif, ami separated from the communion of
the Church, by entertaining heretical opinions, and desert-
ing the common faith. Thus the Fathers, in the Council of
Antioch,- charge Paulus 8amosatensis with departing from
the rule or canon, meaning- the Creed, the rule of faith, be-
cause he denied the divinity of Christ. Irenaeus calls it
the unalterable canon or rule of faith :' And says,* this faith
was the same in all the world; men professed it with one
heart and one soul : for though there were diti'erent dialects
in the world, jet the power of the faith was one and the
same. The Churches in Germany had no other faith or tra-
' Rook X. chap. iii. sod. 2. « Epist. Con. Ant. ap. Eiiseb.
lib. rii. c. 3). ^ fren. lih. i. cap. i. p. 4t. ■* Ibid. cap. iii.
CMAP. 1,J CHRISTIAN OUURCN. *)
clitioii, than those in Spain, or m Frunce, <jr in tlic I'^asf, or
Egypt, or Libya. Nor did tlie niost eloqniMit ruler of" the
Clinreli, say any more tlian this ; for no one was above his
master : nor the weakest diminish any thinii of tliis trachtioij.
For the faith being- one and the same, lie that said most oi
it, could not enhirge it ; nor he, that said least, take any
thing- from it. So Tertullian says,' there is one rule of
faith only, whieli admits of no change or alttuation, that
\\hich teaches us to believe in one God Ahnighty, the maker
of tlie world, and in Jesus Christ his Son, &c. Tliis rule,
he says,- was instituted by Christ Himself, and lliere were
no disputes in the Church about it, but such as heretics
broug*ht in, or such as made heretics. To know nothing
beyond this, was to know all tilings. This faitir^ was the
the rule of believing' from the beginning of the (Jospel, and
the antHjuity of it was suliiciently demonstrated by the no-
velty of heresies, which were but of yeslerdavs standinij- in
comparison of it. Cyprian says,* it was the law, which the
whole Catholic Churcli held, and that the Novatians them-
selves baptised into the same Creed, though they dillered
about the sense of the article relating- to the Church.
Therefore Novatian, in his book of the Trinity,-' makes no
scruple to give the Creed the same name, Regiila Veritatis,
the rule of truth. And St. Jerom after the same manner,^
disputing- ag-ainst the errors of the Montanists, says, the
first thing- they difiered about, was the rule of faith. For
the Church believed the Father, Son, and Holy Ghost to
be each distinct in his own person, though uniled in sub-
stance: but the Montanists, following the doctiine of
Sabellius, contracted the Trinity into one person. From
all which it is evident, that the fundamental articles of
faith were those, which the primitive Church summed up in
her creeds, in the profession of which she admitted men as
members into the unity of her body by baptism ; and if any
deserted or corrupted this faith, they were no longer reputed
' Tcrtiil. (le Velaiul. Virgin, cap. i. '^ Idoiu. de Piaescripf.
advers. Ilicieticos. cap. xiii. * Tdcui. coiit. Prax. cup. ii.
" Cypr. Ep. Ixix. al. 76. iid Magnum, p. 1S;J. ^ Novaliau. dc Tiinit.
<"i>l>- '• «"' ix. " Hi. ion, Ki-. liv. ad Marcdlani.
6 THE ANTlQlUriKS OF THli [BOOK XVI.
Christians, but heretics, who brake the unity of the Church
by breaking- the unity of the faith, thoiig-li they had other-
wise made no fiiithcr separation from her communion. For
as Clemens Alexandrinus says,* out of Hermes Pastor,
" faith is the virtue that binds and unites the Church toge-
ther." Wlience Hegesippus, the ancient historian, giving
an account of the old heretics, says,^ " they divided the
unity of the Church by pernicious speeches against God and
his Christ : that is, by denying some of the prime, funda-
mental articles of faith. He, that makes a breach upon any
one of these, cannot maintain the unity of the Church,
nor his own character as a Christian." " We ought there-
fore," says Cyprian,^ " in all things to hold the unity of the
Catholic Church, and not to yield in any thing to the ene-
mies of faith and truth. For he cannot be thought a
Christian,* who continues not in the truth of Christ's Gospel
and faith." " If men be heretics,'' says Tertullian,^ " they
cannot lie Christians." The like is said by Lactantius, and
Jerom, and Athanasius, and Hilary, and many others of the
Ancients, whose sense upon this matter I have fully repre-
sented in another place." As therefore there was an unity
of faith, necessary to be maintained in certain fundamental
articles in order to make a man a Christian : so these arti-
cles were always to be found in the Church's creeds ; the
profession of which was esteemed keeping the unity of
the faith ; and deviating in any point from them, was es-
teemed a breach of that one faith, and a virtual departing
from the unitv of the Church.
As to the other points of obedience to the laws and in-
' Clem. Strom, lib. ii. p. 458. Edit. Oxon 'H ffui'exKca t/'/i' iKKXifviav
apiTi^, Jj TTiTtc «7t. Hermes Pastor, lib. i. Vision, iii. cap. 8. Prima earum,
qua; turrini, (nempc Eccksiam) continet manu, fides vocatur: per banc salvi
fiiint electi Dei. &c. '^ llcgesip. ap Eusch. lib. iv. cap. xxii.
'E/xfjJterav tj^v 'ivuyaiv ti\q tKK\riaia(;tp^opii.U(iot^X6yoi<; Kara rfi Oti, &c.
* Cypr. Ep Ixxi. ad Qtiintuiu j). lOk Per omnia dtbemiis ecclesiae catho-
lica; unitatfin teiiere, nee in aliquo fidei et vcritalis iiostibus cedere.
* Cypr. do Unit. Eccles. p. lit. Nee Christianas vidcri potest, qui non
permanet in evanffelii ejusct fidei veritate. ^ Fcrtul. de Prescript,
cap. xxxvii. Si Hajretici sunt, Christiani esse non possunt.
* Book. i. cliop. iii. sect. I.
CHAP. I.] CHRISTIAN CHURCH. 7
stitutlons of Chiist, vvliich were reckoned fiindamontal and
essential to the being of a Cliristian, and the unity of the
Churcli, they were generally summed up in those short
forms of renouneinii' the devil and liis service, and his
works, and covenanting- with Christ to live by the rules of
his Gospel. By which they understood the renouncing all
gross sins, sucli as idolatry, witchcraft, murder, injustice,
intemperance, uncleanness, and whatever might be called
worldly and fleshly lusts, contrary to the general tenor of
the Gospel, and " the grace of God which had appeared
unto all men, teaching us, that denying ungodliness and
worldly lusts, we should live soberly, righteously, and
godly in this present ^vorld." They that walked after
this rule, and squared their lives by these general measures
and lines of duty ; " adding to their faith virtue, and to vir-
tue knowledge, and to knowledge temperance, and to tem-
perance patience, and to patience godliness, and to godlmess
brotherly kindness, and to brotherly kindness charity ;" these
were the true Israel of God, and in the perfect unity of his
Church: as long as they did these things, they could never
fall: nothing could separate them from his Church, or from
the love of God in Christ Jesus : " for so an entrance was
ministered to them abundantly into the everlasting kingdom
of our Lord and Saviour Jesus Christ." But if men went
contrary to this rule, " Walking in the works of the flesh,
and not of the Spirit, professing to know God, but in
works denying him ;" though they might be corporeally and
externally united to the visible body of the Church, yet in-
ternally and spiritually they were divided from it. St. Austin
says expressly,^ " That though men were regenerated by
baptism, yet none but the good were spiritually built up into
the body and members of Christ : the good only compose
that Church, of which it is said, ' As the lily among thorns
' Aug. dc Unit. Eccles. cap. xxi. Nee regencrati spiritaliter in corpus et
Membra Christi coicdificentur nisi boni : profecto in bonis est ilia ecclesia,
cui dicitur, Sicut lilium in medio spinarum, itaproxima nieain medio filiarum.
In his est enim qui adificant super Tetram, id est, qui audiunt verba Christi,
et faciunt. Non est ergo in eis, qui Eedificaut super arenain, id est, qui
audiunt verba Christi, ct non faciunt. &c.
8 THE ANTIQLITIKS OF THE [booK XYl.
SO is my love among- the daughters. Cant. ii. 2. That Church
consists only of those, who build upon the rock, that is, who
hear the words of Christ, and do them. They therefore are
not of that Church, who build upon the sand, that is, who
hear the words of Christ, and do them not. And as thev,
who by tlic ligaments of charity are incorporated into the
building- that is founded upon the rock, and into the lily
that shines among- thorns, shall inherit the kingdom of God:
so they, who build upon the sand, and, are numbered among-
the thorns, shall as certainly not inherit the king-dom of
Gcd." A little after' reciting those words of the Apostle,
Gal. V. " The works of the flesh are manifest, w hich are
these, adultery, fornication, uncleanness, lasciviousness,
idolatry, witchcraft, hatred, variance, emulations, wrath,
strife, seditions, heresies, envyings, murders, drunkenness,
revellings, and such like ; of the which I tell you before,
as I have also told you in time past, that they which do
such things, shall not inherit the kingdom of God. " He
adds, " all those are not in the lily, nor upon the rock, and
heretics are in that number." Again, speaking of the grace
of the spirit, which sanctifies good men, he says,* " This is
wanting in all the wicked, and sons of hell, although they
be baptised with the baptism of Christ, as Simon Magus
was baptised." " There are many such,^ who communi-
cate in the sacraments with the Church, and yet they are
not now in the Church. Such are cut off, before they be
visibly excommunicated : and if they be visibly excommu-
nicated, and visibly restored to communion ; if they come
with a feigned mind, and an heart opposing the truth and
the Church, they are not reconciled, they are not inserted
into the Church, although the solemnity of reconciliation
be performed upon them." In another place, he says,*
" The wicked multitude of the Church are not reckoned to
' Aug. Ae Unit. Eccles. cap. xxii. • Augr. ibid. cap. xxiii. Hoc deest
omnibus inalignis et gelieniiae filiis, etiamsi Clirisli baptismo baptizentur,
sicut Simon fucrat baptizatus. ^ Ibid. cap. xxv. IVIulti
tales aunt in sacrameiitoiuni communions cum ecclesiTi. et tamen jam non
sunt in occiesiS. &c. ^ Aug. ibid. cap. xiii. Sermo divinns
rrdarguit inipius luibas ccclesiw, q\iae ncc in fcdosiS dcputantur, &c.
CHAP. 1.] CHRISTIAN eMWKCH. 0
be in tho Clinrcli, save only «o far as tlicv have tho saino
sacraments in common with the saints, because they have
only a form of liudliness, but (h'uy tlie j)o\ver of it." He re-
peats the same frequently in his books against Cresconius'
and other places, which it is needless here to repeat at
length. I only observe, that as charity was reckoned one
essential part of a Christian's virtue: our Saviour having*
made it tho characteristic note of his disciples : " by this
shall all men know that ye are my disciples, if ye have love
one foranother :' so the Ancients laid a great stress upon this
one virtue, without which they never reputed any man to be
truly in the unitv of the Church, whatever claim he could
otherwise lav to the communion of it.
Sect. 2. — Of the Unity of Ijove and Charity, as an essential Part of
Christian Obedience.
" I do not think any man," says St. Austin,- " so vain
and foolish, as to believe such an one to appertain to the
unity of the Church, who has not charity. For St. James
speaking" ag-ainst those, who thought it sufficient to believe,
but would not f;o good works, says, Thou believest that
there is one God ; thou dost well : the devils also believe
and tremble. Certainly the devils are not in the unity of
the Church ; and yet we cannot say, they believe other-
wise of Christ than the Church believes, seeing' they said
to the Lord Jesus Christ himself. What have we to do with
Thee, Thou Son of God ? and St. Paul says, Though I have
all faith, so that I could remove mountains, and have not
charity, I am nothing." " They that are enemies to this
brotherly charity," says St. Austin again,^" whether they
• Aug. cont. Crescon. lib. i. cap. 29. lib. ii. cap. 15,21, 33, 34. Qui cum
sint a bonis vitS. moribusque spiritaliter separati, corporaliter tainen eis in
ecclesifi videnlur esse premixti usque in diem judicii. ' Aug.
cont. Crescon. lib, i. cap. 29. I^on autein existimo quenquani ita desipere,
ut credat ad ecclesise pertinere unitatem eum, qui non habeat charitateni,
&c. ^ Aug. de Bapt. lib. iii cap. 19. TIujus
autem fraternae charitatis iniinici, sive aperte foris sint, sive intus esse vi-
deantur, pseudochristiani sunt et ^ntichristi. Cum intus videnlur, ab illi
invisibili charitatis compare separati sunt. &c.
10 THE AM'JQlilTlES Ot THfc; [bOOK XVI.
are openly out of the Gliurch, or seem to be within, they
are false Christians and At^iiihrists. When they seem to
be within, they are separated from that invisible union or
bond of charity. Whence St. John says of them, They
went out from us; but they were not of us. He does not
say, they were made aliens by going- out, but because they
were aliens before, he declares, that therefore they went
out." " This charltv was necessary to incorporate men
into that building,* which was founded upon the rock of
obedience, without which it could not stand : to uphold the
structure, charity was required as a principal part of the
foundation, whereupon the whole building rested, being
fitly framed together, and united by charity into one, as
members of the mystical body of Christ.'
Sect. 3.— Other Sorts of Unity necessary to the Well-being of the
Church.
After this manner the Ancients commonly discoursed of
these sorts of unity, which I call fundamental to the very
being of a Church ; being so absolutely necessary and es-
sential, as that the Church could not consist without them,
they were necessary to every individual, and necessary in all
cases and circumstances whatsoever : there being' no case,
in which it was lawful to deny the faith ; nor any case that
could dispense with a man's obligations to sobriety, godli-
ness, righteousness and charity. There were other sorts of
unity, necessary indeed to the well-being of the Church, but
yet not so absolutely essential, but that a man in some ex-
traordinary cases and circumstances might be incapacitated
or hindered in the actual performance of them, v\ithout in-
curring the censure of breaking the unity of the Church, or
being wholly excluded out of lier communion. It is every
Christian's duty to unite himself to the Church by baptism,
and to receive it from the hands of a regular ministry ; it
is his duty to join in communion with the Church where he
' Vid. Aug. deUnit. cap. xxi. Compagc charitptis incorporati suot jedifi-
cio super pctram constituto.
CHAP. l.J CHm.STlA^ CIILUCII. 1 I
lives, uiul asseriiblo with tlicni for worship and prayers, and
adniinistration of the word and sacraments, and all otiier
holy offices ; it is his duty to live under the g-overnment of
a regular and lawful ministry, and submit himself to all the
rules of the Church in worship and discipline, that are not
contrary or repugnant to the word of God: but then it may
happen, that a man cannot have baptism, though he be
never so desirous of it; sudden death may prevent him,
whilst he is seriously preparing- for it. In this case, the
Church did not deny him lier communion, thoug-h he was
never formally entered into it, but accepted the will for the
deed, and treated him after death as one of her sons dying*
in her bosom and communion. Which was the case of many
martyrs, and others dying without baptism, not out of con-
tempt, but by the exigence of same unforeseen accident
preventing' them. So again, it might happen, that a man in
extremity, when he was desirous of baptism, could not have
it but from the hands of an heretic, or a layman. In this
case the Church was equally favourable to the party so
baptised, because he was united in heart and will to the
Church, and it was not contempt of her ministry, but
necessity that drove him to receive baptism from an heretic
or a layman, rather than die without it. In like manner, a
man, that was very desirous to join with the Church in her
public assemblies, might notwithstanding" by some g'reat
exigence be debarred from this privileg-e, as by sickness, or
imprisonment, or banishment: in which case he was not
divided from the communion of the Church in worship or
prayers ; but his spirit was still present in her religious
assemblies, though necessity obliged him in body to be
absent from them. Or if it were but the care of the indi-
gent, that required his help, and kept him away from the
solemn meeting in God's house, his reason was g"Ood, and
such an act was no breach of Christian unity, because God
himself allows it; nay, requires it by his own rule, " I will
have mercy, and not sacrifice:" which in such cases, where
men act sincerely, and trifle not with God, is always their
justification both before God, and his Church. It was
further required, that men should comply with all the inno-
1
12 TUK ANTIQUITIES OF THE [bOOK XVI.
cent customs, and lawfnl orders of the Church ; and
especially submit to her discipline in case of any scandalous
transgression or immorality : but if men by reason of sickness,
or infirmitv,or old ag^e, could not observe her rules about fast-
ing; or by reason of their poverty could not abstain from
their ordinary laV)our to attend her festivals: these were not
reckoned transgressions of her rules, or g'ood order, because
they naturally admitted of such limitations and exceptions :
and no man was accused as a divider of the Church's unity
for going against her customs in such cases. So though it
was required, that penitents under discipline should be
reconciled to the Church by imposition of hands and abso-
lution; yet if any real penitent, who was desirous of
absolution, happened to be struck dumb, or die before he
could receive it; this was reckoned no prejudice to his con-
dition: in this case, his good will, and desire, and intention
of being reconciled, was reputed sufficient to restore him to
the peace and unity of the Church, though he wanted the
formality of an external absolution.
This was the great difference between those sorts of
imity, which were reckoned fundamental, and essential to
the very being of a Church and those which were recpiired
as necessary to the well-being of it: the former admitted
of no dispensations ; but the latter did in these and the
like cases. No case could dispense with a man's putting
away a good conscience, or making shipwreck of faith: no
necessity could be so great as to justify a man in denying
an essential or fundamental truth, or in living in open and
professed violation of those necessary rules and great lines
of duty, which require the practice of universal holiness in
a godly, righteous, sober life, as the indispensable condition
of salvation : but several necessities might dispense with
men in the non-observance of the things of the latter kind;
and therefore it is of great use carefully to distinguish these
things in speaking of the unity of the Church. As there-
fore I have spoken particularly of the former, so 1 will now
speak a little more distinctly of these latter, and show how
far the Ancients urged the necessity of them.
CIIAJ'. I.J CHlUsTlAN ClIL'ROII. 13
Sect. i. — Among- these they reckoned, First, the ueoessary Une of one
Bnptistn, ordinarily to be administered by tlie Hands of a regular
IMinistry.
And here first of all they required, that men should unite
themselves to the Church by baptism; and that administered
but once; and this also to be administered ordinarilv
by the hands of a regidar ministry, except some urg-ent
necessity oblig-ed them to do otherwise. The necessity of
baptism they urg-cd from the tenour of the commission
given to the Apostles, " Go, baptise all nations:" and
from those words of our Saviour, John iii. 5. " Except a
man be born of water and the Spirit, he cannot enter into
the kingdom of God." There were many heretics, vvho
contemned the use of water-baptism, as a carnal ordinance,
and wholly denied the necessity of it to salvation in any
case whatsoever, of whom I have g-iven a particular account
in a former book.' Ag-ainst these they urg-ed the necessity
of baptism in all ordinary cases, to make men members of
the Church ; and strenuously maintained, that men who
wilfully neglected or despised baptism, could not by anv
other means be united to the Church of Christ, or have any
grounds for hope of eternal life ; because they despised
that ordinance of Christ, which he had made the reg-ular
and ordinary way of admitting members into his Church,
and refused to enter by that door, which he had appointed
to be the general entrance to eternal life. This opinion of
the Ancients concerning the necessity of baptism in all
ordinary cases, maintained against those several heresies,
the reader may find fully discoursed in a foregoing part of
this work f where I observed, that though they strictly
urged the necessity of baptism in order to make men mem-
bers of the Church, and sons of God; expressing- them-
selves severely against all that either carelessly neglected
it, or profanely despised it ; yet they did not believe it to be
so simply and absolutely necessary as the unity of faith and
Bookii. (a. ii. « Bookx. chap. ii. sect. 19.
14 THE AMIUriTlKS OK THli: [BOOK XVI
repentance: because they always maintained, that the bare
want of baptism, where there was no contempt, mijrht be
supplied by martyrdom ; where the exhibiting of faith, and
the greatest testimony of obedience that could be given,
was sufficient to unite them to Christ and his Church in that
case, and grant them all the privileges of Christian com-
munion. And the like was determined concerning the faith
and repentance of such catechumens, as were piously pre-
paring for baptism, but were snatched away by sudden
death before they had any opportunity to receive it. Which
shews, that they put a manifest difference between the
unity of faith and obedience, as fundamental and essential
to the very being of a Church, the want of which nothing-
could supply; and the unity of baptism, which though
ordinarily necessary to the well-being of the Church, yet
was not so absolutely necessary and essential, but that the
want of it might be supplied in some cases by faith and
obedience ; and by these a martyr or a pious catechumen
mio-ht be presumed to die in the unity of the Church with-
out baptism, when they had no opportunity to receive it.
The form of baptism itself indeed, whenever it was ad-
ministered, was a little more necessary, because that
implied a profession of faith in the Holy Trinity, and uni-
versal obedience to the laws of Christ ; and therefore bap-
tism administered in any other form was reputed null and
void even in the Church itself, and was of necessity to be
repeated ; but then this necessity did not rise from the bare
necessity of baptism, which might, as we have heard, be
dispensed with in some cases, but from the necessity of
faith and obedience, presupposed as antecedent qualifications,
essential to the very being of a Church, and the character
of a Christian in the largest denomination. So that what
made this so absolutely necessary, was not the absolute
necessity of baptism itself, which might be dispensed with
in some extraordinary cases, where those qualifications
were really in the hearts of men before baptism: but it was
the want of those qualifications, "or at least the want of
professing them in due form, that made the baptism void ;
because there was a strong presumption, that they had not
CHAP. I.] CHRISTIAN CHURCH. 15
those qualifications that were essential to the very bcing^ of
a Christian, since no profession was made of them in their
baptism. For which reason, whether it was given in the
Church, or out of the Clinrch, it was always to be repeated,
as a tiling null and void, for want of those quaUfications of
faitli and obedience, which were so indispensably required
to make a man a Christian.
It was necessary also to the unity of the Church in its
well-being', that baptism should ordinarily be administered
only by the hands of a regular ministry : and therefore for
either laymen without a commission in the Church to usurp
this authority, or for heretics and schismatics without the
Church to assume this power, was always esteemed a great
breach of the Church's unity. And though the Church did
not always annul such baptisms, if given in due form of
words ; yet she always condemned the thing as an usurpa-
tion, and an act of criminal schism, and manifest prevari-
cation both in the giver and voluntary receiver. Insomuch
that one of the ancient Councils orders,^ " that if any
Catholic offered his children to be baptised by heretics, his
oblation should not be received in the Church." This was
in effect to punish him with excommunication, as an en-
courager of heretics, and a divider of the unity of the
Church. And St. Jerom says,^ to the same purpose, " if
a man, who is orthodox in his own faith, is wittingly and
willingly baptised by heretics, he deserves no pardon for
his crime.'' But then it might happen, that a man in ex-
tremity might be so distressed as to have none but an here-
tic to baptise him ; in which case to receive baptism from
the hands of an heretic or schismatic, was reckoned no
breach of Catholic unity, because the man in heart and
mind was still united to the Catholic Church. This is St.
Austin's^ resolution of the case. " If a man," says he.
' Con. llerdense. can. xiii. Catholicus, qui filios suos in hseresi bap-
tizandos obtulerit, oblatio illius in ecclesiS nuUatenus recipiatur.
- llieron. Dial, cum Lucifer, cap. v. Si jam ipse bene credebat, et sciens
ab haereticis baptizatus est, erroris veniam non meretur.
' Aug. de Bapt. lib. i. cap. ii. Si quem forte coegerit extrema necessi-
tas, ubi catholicum per quem accipiat non inveuerit, et in anirao pace
16 THK A\Tiyurrih:s ok thu /^book xvi.
•' is compelled by oxtierno necessity, \vhere lie cannot have
a Catholic to give him baptism, to take it at the hands of
one who is not in Catholic unity ; in that case we reckon him
no other than a Catholic still, though he died immediately,
because he was in heart and mind a Catholic, and would
have been baptised in Catholic unity, if there had been any
opportunity to have done it. If such an one survives, and
corporally joins himself to the Catholic congregation, from
whicli in heart he never departed, we not only not disallow
■what he has done, but securely and truly commend him for
it: because he believed God to be present in his heart,
where he preserved unity, and would not depart out of this
life without the sacrament of baptism, which he knew to
be God's, and not men's, wheresoever he found it. But if
any one, when he might receive it in the Catholic Church,
by some perverseness of mind, chuses rather to be baptised
in schism, though he after\\ard design to return to the
Church, because he is certain the sacrament will profit him
in the Church, but not elsewhere, though he may receive it
elsewhere: this is a perverse and wicked man, and so much
the more perniciously such, by how much the more know-
ing he is." In another place he proposes the same
question, whether a Catholic without breach of unity might
receive baptism from a schismatic ? and he answers it after
the same manner,^ " that he may safely receive it of a
separatist, if he himself be no separatist, when he receives
it ; for so it often happens to men, who have a Catholic
mind, and an heart no ways alienated from the unity of
peace, that in extreme necessity and danger of imminent
death they light upon some heretic, and receive the baptism
of Christ at his hands, but not with the perverseness, or
catholics custoditfi, per aliquem extra catholicara unitatem acceperit, quod
erat in ipsfi catholicS unitate accepturus, si statim etlain de h&c vitfi mi-
graveril, non eum nisi catholicum deputanius, &c.
'Aug. de Bapt. lib. vi. cap. o. Potest salubriter accipere a separato, si
ipse non separatus accipiat: sicut plcrisque accidit, ut catholico animo et
corde ab unitate pacis non alienato, aliquS necessitate mortis urgeutis ia
aliquem haereticum irruerent, et ab eo Cbristi baptismum sine illius perversi-
tate acciperent, &c.
CHAP. I.] CHRISTIAN CHUKCH. 17
heretical piavity of the udiniiiistrator. For whether they
die or live, they do not remain among- heretics, to whom in
heart they never went over." 80 agfiin, disting-ulsliing-
baptised [)ersons inlo three sorts ; first, sucli as are baptised
in the house of God, and are truly and spiritually of the
house of God ; secondly, such as are baptised in the house
of God, but are spiritually by wicked works separated {"roin
it; thirdly, such as are baptised in heresy or schism, who
are corporally separated from the house of God, and worse
than those who live carnally within it, and are only spiritu-
ally divided from it; he adds concerning this last sort,^ who
are rather to be said to be of the house of God, than in it,
being- further separated by corporal division, than those who
are only spiritually divided from it, that they neither have
baptism to any profit themselves, neither is it received witli
any profit from them, except where the necessity of receiving
it forces a man to receive it from them, and the mind of the
receiver does no ways recede from the bond of unity. By
which is intimated that to receive baptism in case of
necessity from the hands of an heretic or schismatic, does
not involve a man in the g'uilt of schism, so long- as it is a
case of extreme necessity, and the man in heart and mind
is all the time in the unity of tlic Catholic Church.
The case was the same with those that were baptised by
laymen. The rules of the Church required, that none
should baptise in ordinary cases, but the regular and lawful
ministers of the Church ; and to do otherwise, was always
a note of criminal schism : but in case of extremity, she
granted a general commission even to laymen to baptise,
rather than any person in such an exigence should die
without baptism; and in such a case, to receive baptism
from a layman, was neither usurpation nor schism in the
giver or receiver, because they had the Church's authority
for the action. I produce no proofs or evidence for this
' Aug. (le Bajit. lib. \ii. cap. 52. Qui aiitem separallores ncj masis la
doino quani ex domo sunt, neque oninino utiliter habfiit, nequc ab ois utiliter
accipitur, nisi forte accipieiidi necessitas urgeat, et accipientis animus ub
unitatis vinculo non reccdat.
VOL. VI.
18 THE ANTIQUITIES OF THE [bOOK XVI.
hoio, because I have done it fully in a separate discourse
before, treating- liistorically of the practice of the Church
in reference to her a. lowance of baptism administered by
laymen, in cases extraordinary, when men were in apparent
dang-er of death, and could not have a minister to baptise
them.
In all these cases, we sec, notlung- but extreme necessity
could excuse men from criminal schism, in dividing- them-
selves from the Church, either by the neglect of baptism,
or seeking- to heretics, or schismatics, or laymen for the
administration of it. And the like is to be said of any
man's suffering himself to be rebaptised, after he had
once received a true baptism, whether in the Church or out
of it. For the unity of baptism was such, that it was
never to be repeated. The greatest apostates were never
rebaptised by the Catholic Church upon their admission
ao-ain, but taken in by imposition of hands and absolution
upon their repentance. Neither did the Church ever re-
baptise those that were baptised in heresy or schism, except
when some doubt was made, whether the baptism was de-
fective in some essential part of it. And therefore because
many heretics were inclined to rebaptise the Catholics, very
severe laws were made both in Church and State, to repress
this insolence : of which I h.ave given a particular account
in handling- the subject of baptism heretofore,* and need
only now observe, that this practice of rebaptising- was always
esteemed a schismatical act, and a notorious breach of Ca-
tholic unity, which never allowed of more tlian one baptism,
according to that rule of the Apostle, " One Lord, one
faith, one baptism,'' in the Church, as many of the Ancients
expound it; or at least, because by the divine will it was
so appointed.
Sect. 6.— 2fily, The Unity of Worship in joiiuiifir with tlie Church in
Prayers, Adniliiistrulioii of tlu- Word, and SacraituMits.
Another sort of unity, requisite to the well-being of
the Church, was the unity of worship, whereby all Chris-
- ■ - ■-■■■■ ■ - ~ '^ ■ ■ ■ ■ — — — -"^ —
' Honk xii. chap. v. sect. 7.
CHAP. I.] CnUISTIAN CHUKCH. l!)
tians were obliged to join uilli (heir vespt;eti\ o Churches
in the poifornuuu'e ot" all lio!y olliccs in public ; .such as
conimon-pinyor, and the administration of the word and sa-
cranieiitis. Wliich did not roquire, that ali Churches sliouhl
exactly a c;ree in the same form td' words, which were not
essential to these thing's : for^ as we shall presently see,
every Church was at liberty to make choice for herself, in
what method and fuim of words she should perform these
things: and ii was no breach of unity for different Churches
to have ditrerent modes, and circumstances, and ceremonies,
in performing- die same holy offices, so long as they kept
to the substance of the institution: but that, which was re-
quired to keep the unity of the Church in tliese matters, was,
that every particular member of any Church should com-
ply with the particular custom and usages of his own
Church, (nothing being inserted into her oflices that was un-
lawful,) and meet for religious worship, and hold constant
communion with her in the performance of all divine service.
And to do otherwise, either by negdecting- wholly the service
of relig-ious assemblies, or setting- up op[>osite communions,
or raising- unnecessary disputes about the lawful usages and
innocent practices of the Church, whereof a man was a
member, was always esteemed an act of criminal schism,
as giving scandal and offence to the Church and his bre-
thren, There are several canons in the Council of Ganij-ra,
made against the separatists called Eustathians, directly to
this purpose. The fourth canon runs thus: " If any one
separate from a married presbyter, upon pretence that it is
unlawful to partake of the oblation, when he performs the
Liturgy, or celebrates the office of communion, let him"
be anathema, that is, excommunicate, or cut off from the
Church." The fifth canon is to the same effect: '• If any
one teach, that the house of God, and the assemblies held
therein, are to be despised, let him be anathema." The sixth
forbids all private and irregular assemblies : "If any hold
other assemblies privately out of the Church, and contemning
the Church will have ecclesiastical offices performed
without a presbyter licensed by the bishop, let him be ana-
thema." The eleventh censures those in like manner, who
despised the feasts of charity, made in honour of the Lord,
c 2
20 TlIK ANTIQUITIES OF THE [BOOK XV[.
refusing- to partake of them. The eig'hteenth censures such
as fasted on the LortPs day, under pretence of leading- an
ascetic Hfe ; this being" a thing" contrary to the g'cneral rule
and custom of tlie Churcli. The nineteenth, on the other
liand, censures such ascetics, as ^^ithout tlie excuse of
bodily infirmity, cut of mere pride, contemptuously broke
the common fasts handed down by tradition to be observed
in the Church. And the twentieth canon anathematises
those, who, from an insolent disposition, contemned the
assemblies that Avere wont to be held in the churches of
the martyrs, and the service performed there, and the com-
memorations of them. Among" the Apostolical Canons
tliere is one to the same purpose, which orders,' '• that if
any presbyter, despising" his bisliop, gather a separate con-
g"reg'ation, and erect another altar, liaving" notliing* to ob-
ject against his bishop in j)oint of godliness or righteousness,
ho should bo deposed as a lover of pre-eminence, and ar-
bitary power or tyranny in the Church. And if any of the
clerg-y conspired with him, they were likewise to be deposed,
and laymen to be suspended from the commainion, after a
third admonition given them from the bisliop." These w ere
some of the ancient rules relating" to separatists, dividing-
wholly from the Church, and refusing" contemptuously to com-
municate with her in divine service. And for such as frequen-
ted some part of the service, but fell off from the rest, she
set an equal mark of reproach upon them, as disobedient
children also. One of the Apostolical Canons orders all
communicants,- who came to Church to hear the Scriptures
read, but did not stay to join in prayers and roceivin<i" the
eucharist, to he suspended, as authors of confusion and
disorder in the Church. And the Council of Antioch'
repeats, and reinforces this canon. The Council of Eliberis*
forbids the bishop to receive the oblations of such as did
not communicate : which was in effect to cut them off
from communion v\ith the Church, for the neglect of that
principal part of divine service. The same Council in ano-
' Canon. Apo.st. xxxi. ' Canon. Apost. vii.
■• ("on. Antioch. can. ii. * Con. Klibcr. can. xxviii. Vid.
Clin. Tolct. i. can. 13.
ClIAl'. l.J cmusTiA.N OIIUUCII. 2l
thof caijon orders,' " that it" any one, being at lionie in liis
own city, did fur tlirec Lord's days togctlier absent hin)seir
IVotn church, he should be suspended tVotn the communion
for an equal term, that he rnigh.t be made sensible of
l)is crime by the Churcli's censure. ' Tlie Council of
Sardica, not long" after, made a decree to the same purpose,
referring- to some former canon that had been made upon
this matter, which, though some learned men are at a loss
to know what canon it was, seems plainly to be this canon
of the Council of Eliberis. I'^or Hosius, bishop of Corduba,
was present at both these councils, and presided in that of
fSardica, which makes it probable, that he referred to the
canon of Eliberis, when he proposed it to the Fathers at
Sardica for their consent and approbation. For the Council
of Sardica^ repeats a canon made in some former Council,
.mporting-, that a layman absenting from church for three
Lord's days together, without just cause or impediment,
was to be excommunicated for his transgression. And the
same is repeated in the Council of Trullo.^ So careful
was the Church to preserve her members in the unity of di-
vine worship, and discountenance all separatists whether
partial or total, that an occasional communicant was liable
to censure as well as any other.
But then there were some necessary reasons, that might
justly excuse a man from this duty of constant communion
with his own Church. As if a man was in a journey, the
very nature of the thing was his excuse : for he could not
communicate with his own Church in such a necessity, and
therefore the Council of TruUo delivers the rule with that
limitation. If a man was sick t;nd infirm, his intirmity was
such an impediment, as all laws both human and divine
would allow of as a reasonable cause of absentina'. And
the same reason would excuse his non-observance of the
severe fasts of the Church, which were imposed upon none
but those that were able to bear them, as appears from the
■' Con. EUber. can. xxi. Si quis in civitate positus, tics tloniinicas ec-
clesiiun non acccssejit, tanto tempore abstinoat, ul forrcptus esse vidc-
iili'»". - Con. Saidif. can, .\i.
* Cou. Trull, can. l.v.^x.
22 THE ANTIQUITIF.S OF TMK [BOOK XVI
forecited canon of ibc Council of Gangva.' The stationary
days of fastino- and prayer were chiefly designed for the
exercise of rehgious ascetics, those who liad both strength
and leisure lo attend them : and therefore an infirm man,
or a j)oor nian, who was to live hy his bodily labour, was
under no obligation to spend so much time in those ordinary
returns of fasting" and prayer. If lie connmunicated with
the Ciiurcli religiously on the l^ord's days, his omissions of
tlie rest were not imputed to him as breaking- communion
with the Church. If men were in prison or in banishment,
tl»e necessity of their confinement was their natural excuse.
For how should llu'v join bodily in communion with the
Church, who had not the liberty of their own bodies, ^vhilst
they were entirely at the mercy and dispo.sal of others?
It was sufficient for them in such a case to join in spirit,
when they could not in bodily presence ; and to say ^vilh
David, " As tlie hart panteth after the water-brooks, so
panteth my soul after thee, O God. My soul thirsteth for
God, for the living- God: When sljal! 1 come and appear
before God r' psal. xlii. 1. And, " Woe is me, that I am
constrained to dwell with IMesech, and to have mv habita-
tion among- the tents of Kcdar."' psal. cxx. 4. '' O God,
my soul thirsteth for Thee, my flesh longeth after Thee, in a
dry and thirsty land, where no water is ; to see thy power
and thy glory, so as I have seen Thee in the sanctuary," psal.
Ixiii. 1. It was their n.isfortune, and not their crime in
that case to be absent from the house of God: mean while
the whole woi Id was to them the temple of God: " For
the earth is the LorTs and the fullness thereof:"' their pri-
son was tlieir oratory, and the wilderness a sanctuary •
their own hearts a sacrifice, and their own bodies an altar.
When Luciau the martyr made use of his own breast in
chains instead of a communion-table to ofler the eucharist
on, his sacr.lice was as acceptable to God, as if it had been
in the midst of the Churcli upon an altar. For as St.
Basil words it,* in sucli a case it is not the place, but the
' Con. (ianirrtn. can. xix. '^ Btisil Exliorl. ad lJu]it. et
nlii ap. l)iir:iiit. (!<■ Ililibiis, lils. i. rap. -J.
CHAP. I.] CHRISTIAN ClJt'KCM. 23
mind and airectlun of the snppplicant, thai Goil regmd.s.
Moses was he;iid in the Ijuttoin of ihe sen, Job upon ;i
dun<;hill, I'^zokias in his bed, Jeremy in thedun<^eon, Jonas
hi the whale's belly, Daniel in the lion's den, the three chil-
dren in the burning* fiery furnace, the penitent thief upon
the cross, and Peter and Paul in prison. " Every {)lace,''
says Dionysius of Alexandria,' '• is instead of a temple m
time of persecution, whether it be a field, or a wilderness,
or a ship, or an inn, or a prison." There is a great diffe-
rence to be made between necessity and contempt. If a
man voluntarily absents himself from the assemblies of the
Church, when lie may enjoy them, he is a divider of her
unity, by contemning her service ; but if necessity obli-
ges him to be absent, when he is desirous to be present,
he is spiritually present with her even whilst he is absent in
body: which is as nmch preserving her unity, as his case
will allow, or the Church can require: seeing- this soit of
unity is not simply essential to the being of a Church in all
states, but only necessary to her well-being- in peaceable
times and ordinary cases, i^nd happy would it be for the
Church, if men w ould never deny themselves the benefit of
her communion in religious assemblies, but upon such rea-
sons of necessity, which carry their own apology at first
sight in their very natnre : if they were merely passive,
and not active, in their separation, such a separation would
not involve them in the guilt of schism, being* so rationally
to be accounted for both before God and his Church. The
primitive Church was exceedingly happy in these two things,
which relate to this sort of unity in communion, the want
of which is so much to be lamented both in its causes and
effects in this uidiappy divided state of the Church in later
affes: First. That no Church then ever assumed to herself
an authority of imposing upon her members any thmgs un-
lawful, or contrary to the word of God, either in faith or
practice, as necessary terms of communion, they required
no belief of any articles of faith, as necessary to salvation,
but such as were contained in their common creeds, and
\i>. lou.^tl). lib. >ii. i-.ip- ■"•
24 THE ANTIQUITIES OF THE [bOOK XVI.
founded upon the infallible authority of Scripture. They
inserted nothing into their public forms of worship, repug-
nant to the word of God, or intrencliing upon any divine
rule g'ivenin Scripture about the object or m.itter or manner
of adoration, as any one may perceive, by considering the
account lliat has been given of their public worship and
"Liturgy in the three last books, where we examined every
particular office of it. Things being thus secured for tlie
substance of tlieir worship, all Christian people in the next
place thought it tlieir duty to submit to the wisdom and
pruderx-e of their governors in establishing tl.ings external
and circumstantial, relating to expedience, edilication, and
g'ocd order. And this was the second tlung to be admired
in the economy of the ancient Church, that the people
never had any dispute with their superiors about matters
of this kindj but left all indilFerent tilings, and things of
expediency, decency, circumstance, and form, to the judg-
ment and choice of their g'overnors, or persons invested
with authority to delermine such matters ; readily comply-
ing- with the innocent customs of the Church, and all the
rules of public order, and never dividing into sects and par-
ties upon the account of rites and ceremonies, though diffe-
rently practiced in different Churches. This was according*
to the wise and peaceable rule laid down by St. Austin in his
advice to C: sulanus : " in tliose things,""' says he, " concern-
ing wliich tlie holy Scripture has given no positive direction,
the custom of the people of God, or the rules of onr an-
cestors or superiors are to be taken for a law.*' He instances
in the custom of the Church, never to fast on the Lord's day,
which was become so much a rule, that whoever should
pretend to introduce the contrary custom, to make it a fast,
should be thouglit (o give great scandal to the Church, r.nd
• that not witliout good reason. Nay, he says, it would be to
" AuEf. I'^p. Ixxxvi. ad Casulan. In his cnim rebu^, de quibiis niliil ccrli
statuit Scriptiira divina, mos populi Dei, vol instittila niajonini pro lege
lenenda sunt. Quistjuis hiinc diem jejimio decernendiini potaveiit, non
parvo seandalo erit ecclesiiK, nee innnerito. Qnis non Deiini ofi'endet, si
velit cum scan-liilo toliiis. (|ii;p ubique dilatala est, ceclesiic, die doniinico
.ie.junare ?
CilAl'. I.] CllUlsTIAN CllDKCII. 2.')
oHond God, so to scandalize tho universal Chuicli hy
holding- a fast on tlu^ Lord's day; especially since it was
l)ecoino the practice^ of tho impious Manichees so to fast in
opposition to the Church. The Saturday fast was not a
custom of so g-eneral observation : for some Churches kept
it a fast, and some a festival : but his advice as to this is
much of tlie same nature, that a man should observe the
custom of every Church,* where he happened to be, if he
was minded neither to give offence to them, nor take offence
from them; and tliis advice, he says, he had in his younger
days from the nu)uth of St. Ambrose. But because in
such a matter as this is, it mig-ht happen, that not only diffe-
rent Churches might practice differently, but also the
members of the same Chinch might differ in their practice
one from another without breach of communion, as it w^as
in some of the African Churches, where in one and the
same Church some chose to fast, others to dine upon the
sabbath, his advice to Casnlanus as a presbyter was,^ " to
follow the custom of those, who hud the care and govern-
ment of the Churches committed to them:" " Resist not
your bishop in such a matter as this, but follow what he
does without any scruple or disputation."
Sect. G.— 3dly, The Unity of Siilijection of Presbyters and People to
their Bishop, and Obedience to all public Orders of tlie Church in
Matters of an indifferent Nature.
And this leads us to consider another sort of unity, very
necessary for the well-being- of the Church: which was,
that the clerg-} and people should be united under one single
bishop in every Church, paying- a due respect to his autho-
rity, and not dividing from him, either by setting up anti-
bishops ag-ainst him, ot withdrawing- from his communion
' Aug. ibid. Ad quaincunqne ecclesiam veneritis, ejus niorem servate
si pati seandalum non vultis, ant facere. '- Ibid. Sed quo-
niinnconlingit maxiiae in Africfi ut unaecclesia, vel unius regiouis ecclesire,
alios habeant sabbato prandentes, alios jejunantes, mos eoruni mihi sequen-
dus videtur, quibus corum popidorum cong-regatio regenda commissa est •
Kpiscopo tuo inhac re noli rcsislere, et quod facit ipse, sine uilo scrupulo
Tel disceptatione sectare.
2t» TllK ANTIQVITIKS OF TMP: [hoOK XVI.
or government, or despi'^ing- the public orders of his Church,
whicli were made for expedience and edilictition in niiitters
of an indifferent nature. Cyprian lias abundance relating to
this sort of unity, considering- l)oth the state of his own
and other Churches. " The Cliurch," lie says,' " is a
people united to their bishop, aud a (lock adliering' to their
pastor." Whence lie infers, that the bishop is in the Clmrcli,
and the Church in the bishop ; and that whoever are not
with the bishop, arc not in the Church : that is, none wlio
voluntarily withdraw from his communion, and setup others
in opposition to it. To the same »)ur[)ose he says ag-ain,^
*' That the ordination of bishops, and tlie constitution of
the Church came down by succession from the Apostles, so
as that the Church stood upon its bishops, and every act of
the Church was reg-ulated by their direction, as tiie chief
g-overnors of it." And therefore when some lapsers wrote
to him, giving- themselves the name of thcCliurch, he gave
them a very sharp answer, telling- them, " He could not
but wonder at their temerity and boldnes, that they should
style themselves the Church, wlion it was so plain by the
divine law, that a Church consisted of a bishop and clerg-y
tog'etlier with a people standing- firm withot la|)sing' in time
of persecution ; wliereas no number of lapsers could be
called a Church, since God was not the God of tlie dead,
but of the living'." In another place he severely rebukes
the presumption of those presbyters, who took upon them-
selves by their own authoritv to reconcile lajisers without
consulting- him, who was the chief manag-er and director
of the dis^cipline of the Church. This, he tells them,^
' Cypr. Ep. Ixix. al. Iwi. ail Florcnlium. p. 16S. Ecelesia sunt plfbs
sacerdoli aduanta, ct pastoii suo grex adlia;rcns. Unde sciit; dibis c{iisco-
pum in ecclesift esse, et ccclesiain in cpiscopo; et si qui cum t-piscopo uon
sint, in ccclcsia non esse. ^ t^yi"*. Ep. xxvii. al. xxxiii. ad
Lapses, p. 6(). Inde per temporum et successioniira vices, episcopDiuiu or-
dinatio el ecclesiiK ratio decurrit, ut ecclcsia super episcopos conslituatur, et
omnis actus ecclesim per eosdein prffiposito.s grubernelur. Ciiui hoc itaque
divinS lege rundatuin sit, niiror ((uosdam audacl tenieritate sie milii scribere
voluis.se, ul ecilesia? nomine literas I'accrent ; qnanJo ecelesia in episcopo
et elero et in omnibus stantibus sit conslilula, &c.
^ Cypr. Ep. \. al. >;\i. ;i(l Clcruni. p. \\\vi. .Miipii deprcsbv teris, m..- evan-
ciiAi*. 1.1 muisTiAN ciirucn. 27
" uas to f'oi<»'ot bolli tlio lulcjs of (ho Gospol, and their <j\vn
station ; iioitlier t!unkiii<^- of (ho future judgment of the
Lord, nor the bishop that was now set over them, hut assu-
inino- to tliernselvos the vvhoh^ power of discipline, both to
the dishonour and contempt of their liishop, and to the
detriment ol'their brethren's salvation." It was an ancient rule
in tl'.e Cinnch, that presbyters shonld do no ministerial act
but by the authority of their bishop, and in dependence
upon and subordination to him. 'I'his T have had occasion
to shew at larg'e in a former book, out of Ig-natius, Cyprian,
and the ancient Councils,* which need not here be repeated.
J herefore it was always reputed a tendency to^vard schism,
for presbyters to do any such act in contempt of their bishop,
though they made no formal separation from him. But the
most flagrant act of schism was, when in despite of his au-
thority, their factious humour and pride pushed them on to
divide from his communion, and set U[) separate assemblies
ill opposition to him. " This," says St. Cyprian, " is the
first beginning- of heretics, the first rise and attempt of
schismatics, men of evil dispositions, to please themselves,
and with a swelling- pride contemn the bishop that is set
over them. The effect of which is presently to forsake the
Church, and set np another profane altar without, and to
rebel against the peace of Christ, and the ordination and
unity of God.''^ " Most heresies and schisms take their
birth," (i^ays ho again) " from this original,^ that men
refuse to submit to the bishop appointed by God, aud con-
sider not that there ought to be but one bishop at once
in a Church, and but one judge in the room of Christ."
flii. nee loci sui memores, sed neque rutuiuiu Doniini judicium, ncqt e
nunc sibi pra?pnsituni opiscopurn cogilantes cum contumeliri et contemptu
prtepositi totuin sibi vciulicant, &c.
' Book ii. chap. ill. sect. 2. &c. - Cypr. Ep. Ixv.
al. iii. ad Rogalian. p. 6. Ilaac sunt eiiim iniiia liaercticoruiii, et ortus atqne
conalus schisiuaticonun male coijitantium, ut si'oi phiceatit, et piiEpositum
superbo tumore contemnant. Sic de ecclesiS, iccoditur, sic altare proCanum
foris collocatur, sic contra pacem Christi et ordinationem atque uiiilalem Dei
rebellatur. ^ Ep. Iv. al. Ixix ad Cornel, p. 1-29. Neque
enim aliunde hairesps obortie sunt, aut nata sunt scandala, quam inde quod
sacerdoti Dei non obtemperatur, nee unus in ecclesiS adtempus sacerd<is, et
ad tenipu.s judex vice ("Ini^ti ios;itatur.
28 THE ANTIQUITIES OK THE [BODK \VI.
This he speaks particuhirly against those, who thought to jus-
tify their scliisrn by setting- up an anti-bishop in opp,)sition to
the true one : which did not diminish the schism, but heighten
Tind aujinient it, and conimonlv render it more inveterate and
lasting-. As it was in the case of tlie Meletians in Egypt,
and the Donatists in Africa, and the Novatians at Rcme,
who all carried on their schisms more powerfully by the help
of anti-bishops to strengthen their party, and uphold their
faction. But this was no just pretence for schism; but a
manifest violation of the standing- rule of the Catholic
Church, which was, to have but one bishop in a Church as
the centre of unity : and to set up another in opposition to
him, was not to make another true bishop or pastor of the
flock, to whom the people were obliged to join themselves
as the minister of God ; but to introduce a wolf, an adulte-
rer, a sacrilegicus usurper, a stranger and an alien, from
whom they were obliged to fly, as from one who had no
title to their obedience by any divine appointment or allowed
rule of ordination. I have more than once fully demonstra-
ted this* out of the writings of Cyprian-, and others of the
Ancients, to which it is here sufficient to refer the reader.
I only note one thing- out of Cyprian, which he applies par-
ticularly to the case of theNovatian schism, that to set up
such an anti-bishop to head a faction,^ was to act against
the settlement of the Church, the laws of the Gosi)el, and
the unity of the catholic institution : it was to make another
Church, to tear the members of Christ, and disjoint that
one body and soul of the Lord's flock by a dividing- emula-
tion. And therefore he tells Maximus, and Nicostratus,
and other confessors, \vho were concerned in upholding-
and abettinof the Novatian schism, " that they were not
asserting- the gospel of Christ, whilst they divided themselves
from the flock of Christ, and were not in peace and concord
' Book ii. chap. xiii. sect. 1. See also Scholast. Hist, of Lay-Raptism,
part ii. chap. 2. * tlypr. Ep. xliv.al. xlvi. ail Maxim, et Ni-
coslrat. Confi'ssorcs. Gravat mc cum vos illic compii issciu coutia »^c-
clcsiasticani dispositioiuMii, contra evangclicam h'gtiii, cimira iiislitutionis
calholicffi uuitatem, alium cpiscopum lieri consensissc, id est, quodncc fas est
Mcc lict'l fieri, tcclcsiuin aliani consliliti; Cluisli imnibra disccrpi, dciiiinici
^rc^'is aniiiiitin ct ciirjuis luuiiii (.liacisjii'i icimilatioiic lutcrari. «S;c.
rilAI». I.] CHRISTIAN CHUROH. 29
with his Cluiich." It is usual with liiin upon tliis acctmul
to say ,^ '• He has not God for his i'litlier, vvlio has not the
Church for his mother. Whoever is separatc^cl from the
Church, to be joined to an adultrcss, is separated from tha
promises of the Church : ho cannot come to the rewards of
Christ, who leaves the Church of Christ: he is an aUen,
lie is prolane, he is an enemy : and that martyrdom itself,
which was accounted in many cases equivalent to baptism,
would not expiate this crime, unless the offended party
returned to the unity of the Church. For what peace,"
says he,- '' can they promise themselves, who die in enmi-
ty with their brethren '? What sort of sacrifices do they
think they olFer, who rival tlic priests with emulation? Do
they imagine Christ is with them, when they are assembled,
who assemble out of the Church of Christ? Such men
though they be slain for the confession of his name, do not
wash away the stain with their blood. The inexpiable and
grievous crime of dissension is not purged away by their
passion : he cannot be a martyr, that is not in the Church :
he cannot attain to the kingdom, who deserts the Church,
^vllich is to have the king-dom. Christ commended peace
to us : he commanded us to be unanimous and united toire-
ther in concord; he enjoined us to keep the bonds of love
and charity firm and inviolable. He cannot make himself a
martyr, that retains not brotherly charity. St. Paul teaches
us this, and testifies saying-, 'Though 1 have all faith, so
that I could remove mountains, and have not charity, I am
nothing-. And though I bestow all my g'oods to feed the
poor, and though I g-ive my body to be burned, and have not
charity, it profiteth me nothing*. Charity suffereth lono-
and is kind; charity envieth not; doth not behave itself
unseemly, is not puffed up, is not easily provoked, thinketh
no evil, loveth all things, believeth all things, hopeth all
things, endureth all things. Charity never faileth :' it will
' Cypr. de Unit. Eccles. p. 109. Habere jam non potest Deuiu Palrem,
quiecclesiam non habel niatrem, &c. « Ibid. p. 113. Vid.
Cypr. Ep. Iv. ad Anfoiiian. p. 108. et 1 l-t. Ep. Ivii. ad Cornel, p. 1 IS. Ep.
Ix. ad Cornel.
so THE ANTIQUITIES OF THE [bOOK XVI.
always be in possession of tlie king'dom ; it will endure for
ever in the unity of that fraternity, which adheres together.
But discord cannot attain to the king-dom of heaven, nor
come to the reward of Christ, who said, ' this is my com-
mandment, that ye love one another, as I have loved you.'
He cannot appertain to Christ, who violates the love of
Christ V)y perfidious dissension. He that hath not love,
hath not God. It is the voice of the blessed Apostle
St. John:* 'God is love, and he that dvvelleth in love,
dwelleth in God, and God in him.' They cannot dwell with
God, who would not abide unanimously in the Church of
God: though they burn in the flames, though they be cast
into the fire, or thrown to wild-beasts, and so lay down
their lives ; that will not be the crown of their faith, but
the punishment of their perfidiousness ;not the glorious exit
of a religious virtue, but a death of desperation. Such an
one may be slain, but he cannot be clowned — Occidi talis
potest, coronari non potest^ Cyprian often repeats this
assertion in other places of his writings, (which for brevity's
sake I omit,) and particularly applies it to the schism of the
Novatians, who broke the unity of the Church by setting-
up Novatian their leader, as anti-bishop against Cornelius,
the lawful bishop of Rome ; whom being once regularly
chosen and invested in his office, no other could intrude
himself into the same place without dividing the unity of the
Church. Which was not the singular opinion of St.
Cyprian, but the voice of the whole Catholic Church,
as I have had occasion to demonstrate more fully
in another discourse,* to which T refer the reader for
greater satisfaction. Neither was it any private opinion
of Cyprian, that a schismatic, continuing a schismatic
without repentance, could not be a martyr; but herein
he is followed by the greatest lights of the Church, St.
Chrysostom,'^ St. Austin,^ Fulgentius,* and others, who
cite this saying of his with approbation, which shews,
' Scholast. Hist, of Lay-Baptism, part ii. chap. ii. sect. 4.
• Chrys. Tloni. xi. in Kphcs. ^ Aupr. Ep. 61. t-t 204.. It. de
Rapt. lib. iv. cap. 17. Cont. Litems Petiliani. lib. ii. chap. 23. De
Gestis cum emeiito. p. 240. * Fulgent, de Fide ad Petium.
chap. iii. and xxxix.
CHAF. I. J CHRISTIAN CnUROII. .31
nliat \veii;ht they laiil upon tl\is sort of unity of sulimission
and obedience to every lawful bishop in the regular manage-
ment of the afiairs of his own Chruch.
But we must note, that this obedience was only due to
bishops, when thoy could make out a just title to it by the
standino- lulos of the Catholic Church. For first, if any
tnan came into his oftice by a simoniacal ordination, his
ordination by the canons was declared null and void:' and
then no obedience was due to him, nor any communion to
be held with him, as a bishop of the Church. Secondly, if
a man intruded himself into a full see, where another bishop
was reg'ularly ordained before h.im ; it was so far from being
a duty to pay obedience to him, that it was the very crime
of schism, we have now been speaking- of in the Novatians
of old, to separate from the true bishop by joining with an
invader, set up against him. Thirdly, if a bishop fell into
manifest heresy or idolatry, the people were not only at
liberty, but oblig'ed in point of duty, to separate from his
communion as an intolerable pvevaricator and transgressor.
Thus Cyprian^ tells the people of Leon and Astorga, in
Spain, with relation to Martialis and Bisdides, two bishops
who fell into idolatry, that it was their duty, in obedience to
the divine commands, to separate themselves from such
apostatising- bishops, and not join in their sacrilegious sacri-
fices ; forasmuch as it was chiefly in their power either to
chuse worthy bishops, or refuse the unworthy. And the
same obligation lay upon them to separate from the com-
munion of an h.eretical bishop, as is evident from the whole
practice of the Church. Fourthly, if any bishops were
legally deposed for any other misdemeanors, it was equally
the people's duty to give vigour and effect to the censures
of the Church by deserting- their communion, and adhering
to such as were by just authority substituted in their room.
' Vid. Can. Apost. xxix. et Con. Caked, can. ii.
' Cypr. Ep. Ixviii. al. Ixvii. p. 171. Plebs obsequons piaeccptis Doraini-
cis, et Deum inetueiis, a pcccatoro prieposito separare sc debet, nee se ad
sacrilegi sacerdolis sacrificia miscere ; quando ipsa maxima habeat potesta-
tem vel eligendi dignos sacerdotes, vel indignos recusandr.
23 THE ANTIQUITIES OF THE [bOOK XVI.
Fifthly, it sometimes happened that tlie dispute of right be-
tween two contending- bishops was so nice, and doubtful,
and hard to be determined, that good and wise men might
join with either, till the matter of dispute was fully ended
by a competent authority, from which there lay no further
appeal. This was like the case oi a lite pendente, where
each party might be presumed to have a rig'ht, till the cause
was fully heard and adjusted: and in such a case it would
be hard to condemn innocent men, who joined with either
side, till some better light and direction could be afforded
them, which might give a final determination of the question
in debate, and settle more perfectly the rule of communion.
This was the case between Flavian and Evag-rius, bishops
of Antioch: Flavian was g-enerally received in the Eastern
Churches, but Evagrius had the countenance of the bishops
of Rome, and the Western Churches ; and during- this con-
tention, it was no g-reat crime in men of honest minds to
join with either party, since the matter was so hard to be
determined by the greatest authority in the Church, Sixth-
ly, sometimes a bisho{), who might be presumed to have a
right in a Church, was willing to resign to his opposite, to
prevent a schism, and preserve the peace of the Church :
and in that case there could be no harm in submitting- to the
opposite, because it was done by consent and cession of the
true bishop, and was confirmed by the approbation of the
Church. Seventhly, sometimes a bishop was willing- to
resign for the sake of peace, but a superior power would
not permit him so to do : thus Flavian in the forementioned
dispute with Evagrius, being summoned by the Emperor
Theodosius to have his cause heard and decided at Rome,
generously told the Emperor, " that if his faith was ac-
cused as erroneous, or his life as immoral and unqualifying
him for a bishopric, he would freely let his accusers be his
judges, and stand to their determination, whatever it were:
but if the dispute be only about the throne and govern-
ment of the Church," said he, " I shall not stay for judg-
ment, nor contend with any that has a mind to that, but
freely recede, and abdicate the throne of my own accord :
and you, great sir, may commit the see of Antioch to whom
CHAP. I.] CHRISTIAN CHURCH. 33
you ploaso.'' The historian say'^,' the Emperor was so
miicli ad'eetod with this g^enerous answer, that, instead of
sendin<;- him to Rome for judjL>inent, he sent him back to
take eare of his Church, ami would never after hearken
to any solicitations that were made to expel him. Now in
this ease it were unreasonable to think, tliat the people, which
followed Flavian, amoni>* whom \\'as St. Chrysostom, were
in any fault, though the judgment of the Western bishops
was ag-ainst him. Lastly, sometimes two bishops were al-
lowed to sit jointly in the same see, as some suppose Peter
and Paul to have been at Rome, the one tlie V)ishop of the
Jews, and the other of the Gentiles ; or when one was to
be coadjutor to the other ; or when it was to cure an in-
veterate schism, as it was in the proposal made by the
Catholic bishops to the Donatists in the Collation of Car-
thage ; of all which cases the reader may find an exact
account given in a former part of this work.^ Now in such
cases obedience might be paid to either bishop without
schism, because there was no opposition between them : and,
though it was not according to the common rule of the
Church, to have two bishops ordinarily sitting- together in
one see at the same time, yet for extraordinary reasons this
was sometimes allowed in special cases ; then there was no
schism or other evil in it, no breach of unity or encroach-
ment upon any man's right, because it was done for ex-
pedience and benefit of the community, by common consent
of all parties, and the general approbation of the Church.
I have interposed these cautions, that it might bo more
particularly understood, wherein the due submission to
every bishop in his own Church consisted, and under what
limitations obedience was required to a single bishop,
regularly appointed, to preserve the unity of the Church.
Sect. 7. — Fourthly, the Unity of Submission to the Discipline of tho
Church.
4. To preserve the unity of the Church in its well-being-,
' Theodor. lib. v. cap. 23. « Book ii. chap. xiii.
VOL. VI. D
34 THK ANTIQI'ITIES OF THE [bOOK XVI.
it AVas roquirod that every member of a Church should sub-
mit to the ordinnry rules of discipline appointed for the
punishment of delinquents ; and neither despise the lawful
censures of his own Church; nor seek clandestinely to bo
restored to communion in any other Church, without giving"
satisfaction to liis own Church, whereof he was a member;
nor betaking- himself to the conventicles of heretics or
schismatics, to be received by them as a communicant, when
he was cast out of his own Church as a criminal. For all
these were direct violations of the unity of discipline, which
ought to be preserved entire in every Church. The efl'ect
of a legal excommunication and the power of the keys was
always reputed such, as that if a man was justly cast out of
the communion of his own Church for his offences, he was
supposed to be excluded from all title to the king-dom of
heaven, during- his continuance in that state, by virtue of
our Saviour's authority deleg-ated to the Church in those
Words, " Whose soever sins ye retain, they are retained,
and, whatsoever ye shall bind on earth, shall be bound
in heaven." And therefore, unless men submitted to the
ordinary way of restoring offenders, and soug-ht to be recon-
ciled to the peace of the Church b}' the proper methods of
public confession and repentance, and intercession for par-
don and absolution, they were treated as desplsers of the
Church's discipline ; and if they died in that state, without
being- first reconciled, and received into communion again,
they were looked upon as persons in a deplorable condition,
as dvinn- in a state of sin and rebellion against God, and
out of the unity of the Church. For which reason no so-
lemnity was ever used at their funeral, as was usual for
those who died in the peace of the Church ; nor were their
oblations received, or any oflerings or commemorations
made for them, as for others, in the usual service of the
Church. Only in one case a little favour was shewed to
such as died in the bonds of excommunication, unrelaxcd
by any formal absolution: which was, when such penitents
as obediently submitted to the Church's discipline, and gave
evident tokens of their sincere repentance, happened to die
suddeidy, when they were desirous of reconciliation and
absolution, but by unavoidable necessity could not have it.
CHAP. 1.] CHRISTIAN CHUROII, 35
In this case the canons ordered, that flioir ohlations should
bo ret'i'ived, as a testimony ol" tlicir submission, and beiug-
united in heart and mind to the Ciuireh, thnng-h they couUl
not have tlie formabty of an external absolution. In the
fourth Council of Carthage there is a canon to tliis purpose;
such pei\itents as are intent and diligent in observing the
rules of penance,' if they chance to die in a journey, or
at sea, where they can have no help or remedy, shall not-
withstandino" have their memorv commended both in the
prayers and oblations of the Church. The second Council
of Vaison is a little more particular in declaring,^ how such
penitents shall be admitted to all the privileges of Church
communion after death : if any of those, who are under
penance, and live in the course of a g'ood life with satis-
factory compunction, happen to die suddenly and unex-
pectedly either in the country or in a journey, their oblations
shall be received, and their funeral obsequies and memorials
shall be celebrated in the usual manner and affection of the
Church: because it were unjust, that their commemorations
should be excluded from the salutary mysteries, who, whilst
they were labouring earnestly with a faithful affection after
those holy mysteries, were intercepted by sudden death
from the viaticum of the sacraments, to whom the priest
perhaps would have thought fit to have granted the most
absolute reconciliation. There are a great many canons in
the second Council of Arles,^ and the second of Orleance,
and the second of Toledo, and the Council of Epone, to the
same purpose. By all which we may judge, that though
the Church was severe against impenitent apostates and
contemners of her discipline, yet she showed great favour
and tenderness toward such as really honoured her disci-
pline, and gave evident tokens of repentance : such men
were not deemed to depart out of the unity and communion
of the Church, though they happened to die without the for-
' Con. Carthag. iv. can. Ixxix. Pceniteutes, qui attente leges poenitenliaj
excquiintur, si casu in itincrc \cl in niari niorlui fucrint, nbi cis suhvoniri
non possil, menioria coruni I'l oiatitmibus ct oblationihus conmiLnuli'lur.
=* Con. Valenscii. can. 2. » Con. Arelat. ii, can. 12. Con.
Aui-fliau. ii. can. 14. Con. Tokl. iii. can. 12. Con. Epaunense.can. xxxvi.
D 2
3f; THE ANTIQUITIES OF TIIR [bOOK XVL
mality of an external al)sohition ; being- internally reconciled
both to God and the Church, by the testimonies ol" repen-
tance, in such cases of extremity, where not their own will,
but the necessity of their circumstances precluded them
from a more formal reconciliation.
Sect. 8. — How different Churches maintained Communion with one
another. 1st. in Faith.
And thus far we have considered the unity of every
Church with relation to its own members : we are next to
examine, what communion different Churches held with one
another, that we may discover the harmonious unity of the
Catholic Church. And here first of all we are to observe,
that as there was one common faith, consisting- of certain
fundamental articles, essential to the very being of a par-
ticular Church and its unity , and the being- of a Christian ;
so this same faith was necessary to unite the diflerent parts
of the Catholic Church, and make them one body of Chris-
tians. So that if any Church deserted or destroyed this
faith in whole or in part, they were looked upon as rebels
and traitors against Christ, and enemies to the common
faith, and treated as a conventicle of heretics, and not of
Christians. Upon this account every bishop not only made
a declaration of his faith at his ordination, before the pro-
vincial synod that ordained him, but also sent his circular
or encyclical letters, as they were called, to foreign
Churches, to signify that he was in communion with them.
And this was so necessary a thing- in a bishop newly or-
dained, that Liberatus tells us,' the omission of it was inter-
preted a sort of refusal to hold communion with the rest of
the world, and a virtual charg-e of heresy upon himself or
them.
Skct. 9. — 2dly, In mutual Assistance of cacli otlirr for Defence of tlio
common Faitli.
To maintain this imity of faith entire, every Church
was ready to give each other their mutual assistance, to
' liiljernt. Breviar. caj). xvii.
CHAl'. I. ] nURlSTlAN OIHIRCH. 37
oppose Jill fmidainontal (Tiors, antl l)ont down heresy at its
first a[)poar;vnco uinonj^" tluMn. 'i'lie whole world in this
respect was bnt one common diocese, tlu; episcopate was
an nniversal thin<^, and every bishop had his share in it in
such a manner, as to have an equal concern in tlie whole ;
as T have more fully sliewn in another place,' where I ob-
served, that in thin«>s not appertaining- to the faith, bishops
were not to meddle with other men's dioceses, but only to
mind the business of their own : but when the faith or wel-
fare of the Church lay at stake, and religion was manifestly
invaded ; then, by this rule of there being but one episco-
pacy, every other bishopric was as much their diocese as
their own ; and no human laws or canons could tie up their
hands from performing' such acts of the episcopal office in
any part of the world, as they thought necessary for the pre-
servation of faith and religion. This was the ground ot
their meeting in synods, provincial, national, and general,
and sending their joint opinions and advice from one Church
to another. The greatest part of Church history is made
up of such acts as these, so that it were next to impertinent
to refer to any particulars. I only observe one thing fur-
ther upon this head, that the intermeddling with other
men's concerns, which would have been accounted a real
breach of unity in many other cases, was in this case
thought so necessary, that there was no certain way to pre-
serve the unity of the Catholic Church and faith without it.
And as an instance of this, I have noted in the fore-cited
book, that though it was against the ordinary rule of the
Church for any bishop to ordain in another man's diocese ;
yet in case a bishop turned heretic, and persecuted the or-
thodox, and would ordain none but heretical men to esta-
blish heresy in his diocese; in that case any orthodox
bishop was not only authorised, but obliged, as opportunity
served, and the needs of the Church required, to ordain
Catholic teachers in such a diocese, to oppose the malignant
designs of the enemy, and stop the growth of heresy, which
might otherwise take deep root, and spread and over-run
' Book ii. chap. v. sect. 2.
38 THE ANTIQUITIES OF THE [boOK XVI.
the Chureli. Thus Atlianasius aiul tlio famous Eusehius of
Samosata went about the world in the prevalency of the
Avian heresy, ordainin<^- in every Cluirch, where they came,
such clergy as were necessary to support the orthodox
cause in such a time of distress and desohition : and this
was so far from being* reckoned a breach of tlie Church's uni-
ty, though ag-ainst the letter of a canon in ordinary cases,
that it was necessary to be done, in such a state of atlairs,
to maintain the unity of the Catholic faith, which every
bishop was obliged to defend, not only in his own diocese,
but in all parts of the world, by yirtue of that rule, which
obliges bishops in weighty affairs to take care of the Catho-
lic Church, and recpiires all Churches in time of danger to
give mutual aid and assistance to one another.
tiiiCT. 10. — 3dly, 111. joining in Communion with each other in all holy
Offices, as Occasion required.
' This unity of the Catholic Church was further maintained
by the readiness of each Church, and every member of it,
to join in communion with all other Churches in the pcr-r
formanee of divine worship, and all holy offices, as their oc-
casions required. To this purpose two things were neces-
sary; first, that every Church should keep her Liturgy free
from all superstitious and idolatrous worship, and not render
her assemblies for holy duties inaccessible by intrenching'
upon any divine rule, or making any unlawful conditions of
communion. And how careful the ancient Church was in
this point, may be seen by any one that will peruse the ac-
count I have lately given of the Liturgy of the ancient
Churches in all the several parts of it 5 where none of those
superstitious and idolatrous practices appear, that have so
much divided the Church in later ag'es, since the exorbitant
power of the Romish Church imposed so much upon the cre-
dulity of men in points of faith, and loaded their conscien-
ces so heavily in matters of unwarrantable practice. Second-
ly, it was necessary that every Christian, when he came to a
foreign Church, should readily comply with the innocent
usages and customs of that Church, where he ha[)pened to
be, though they might chance in some circumstances to dif-
oiiAP. I.] CHRISTIAN cinuicii. 39
fer from his own. Tliis was a necessary rule ol' peace, to
preserve (lie unity ol" conunnnion iind worship throu^^liont
the whole CathoTK- Chinch. For it was irn])ossihle that
every Cliureh shouhl liave the same rit(;s and ceremonies,
the same customs and usages in ull respects, or even the
Stime method and manner of worshi[) exactly agreeing-
in all [)unctilios with one another, unless there had been a
general liturg-y for the whole Church expressly enjoined hy
divine appointment. The unity of the Catholic Church did
not require this, as we shall see more plainly by ai\d by,
and therefore no one ever insisted upon this as any neces-
sary part of its unity : it was enough that all Churches
ag-reed in the substance of divine worship ; and for circum-
stantials, such as rites and ceremonies, method and order,
and the like, every Church had liberty to judge and choose
for herself by the rules of expediency and convenience :
and then, as it was the duty of every member of any ])arti-
cular Church to comply with the innocent customs of his
own Church, in order to hold free communion with "her;
so it was the duty of every Christian to comply with the dilfc-
rent customs of all other Churches, wherever he happened to
travel, in order to hold communion with the Catholic Church
in all places without exception. This rule is often inculca-
ted by St. Austin, as the great rule of peace and unity with
regard to all Churches : and he tells us, he received it as
an oracle from the wise and moderate discourses of St.
Ambrose, whom he consulted upon the occasion of a scruple,
which had possessed the heart of his mother Monicha, and
for some time greatly perplexed her. She having- lived a
long- time at Rome, was used to fast on Saturday, or the
Sabbath, according to the custom of the Church of Rome :
but when she came to Milan, she found the contrary custom
prevailing-, which was to keep Saturday a festival: and
being much disturbed about this, her son, though he had not
much concern about such matters at that time, for her ease
and satisfaction, consulted St. Ambrose upon the point, to
take his advice and direction how to govern herself in this
case, so as to bo inoH'ensive in her practice. To whom
St. Ambrose answered, that he could give no better advice
40 THE ANTIQUITIES OF THE [bOOK XVI.
in the case, than to do as ho himself was wont to do: " for,"
said he,' " when I am here, I do not fast on the Sabbath ;
when I am at Rome, I fast on the Sabbath: and so you, wliat-
evcr Chinch you come to, observe tlie custom of that
Church, if yon would neither take offence at them, nor give
offence to them.'" St. Austin says,- this answer satisfied his
mother, and ho always looked upon it as an oracle, sent
from heaven. He adds moreover, that he had often expe-
rienced with grief and sorrow the disturbance of weak
minds, occasioned either by the contentious obstinacy of
certain brethren, or by their own superstitious fears, who in
matters of this nature, which can neither be certainly de-
termined by the authority of holy Scripture, nor by the tra-
dition of the universal Churcli, nor by any advantage in the
correction of life, raise such litigious rpiestions, as to think
nothing right but what themselves do ; only because they
were used to do so in their own country, or because a little
shallow reason tells them it ought to be so, or because they
have perhaps seen some such thing in their travels, which
they reckon the more learned, the more remote it is from
their own country. Thus he handsomely and elegantly re-
flects upon the superstitious folly, and contentious obsti-
nacy of such as disturbed the Church's peace for such
tilings as every Church had liberty to use, and every good
Christian was obliged to comply with. For, as he says, in
the same place, all such customs as varied in the practice of
different Churches, as, that some fasted on the Saturday,
' Ausj. Ep. Ixxxvi. Ad Ciisuliin. Quando hie sum, non jejuno Sabbato ;
<luando Roinfc sum, jejiino Sabbato: et ad quamcunque ecclesiam vciieritis,
ejus morcm servatc, si pati scandalum non vultis, aut facere.
* Aug. Ep. 118. ad Jniuiar. Hoc cum matri rcnunciasscm, libenter amplexa
est. Ego vero do hac sentontia ctiani atquo etiam cogitans, ita semper
habui, tanquam earn coelesti oraculo suscepcrim. Scnsi enim sappe dolens
et gemens multas infirmorum pcrtuibationes fieri, per quorundam fratruni
conlentiosam obstinalioncni, vcl supcrstitiosnm tindditatcin, qui in rebus hu-
jusmodi, qusE neque Scripturtc sanctu- auctoritatc, nequc universalis eccle-
siiE tiaditionc, nc-qiit- vita; coriigcndic utilitato ad ccitum possunt terminum
pcrvcnire, tanlum quia subcst ([ualisciiuque raliociiiatio co£;iiaiitis, aut quia
in sufipatrifi sic ipse consuevit, aut quia ibi vidit, ubi prrogiinati<)nfm suam,
quo ri inotiorcm a sui>, to duclioicui faclain putal, laiu lifigiosas excitant
<lua.'Stiont's, ut nisi quod ipsi laciuul, uiliil rectum cxislimcnt.
CHAP. I.] rilKlSTIAN CHUKCII. 41
and others did not; soino received the ciicharist every day,
others on the Sahhath and Lord's day, and others on tlio
Lord's day only; and whatever else there was of this Kind
they wore all thing's of free observation :' and in such thing-s
there could he no better rule for a g-rave and prudent
Christian to walk liy, than to do as the Church did, wherever
he happened to come. For whatever was enjoined, that
was neither against faith nor good manners, was to be held
indilferent, and to be observed according- to the custom, and
for the convenience of the society among- whom we live.
This he repeats over and over again,^ as the most safe rule
of practice in all such thing's, wherein the custom of
Churches varied, that wherever we see any thing-s appointed
or know them to be appointed, that are neither ag-ainst faith
nor good manners, and have any tendency to edification
and to stir men up to a good life, we should not only abstain
from finding- fault with them, but follow them both by our
commendation and imitation. By this rule all wise and
peaceable men always governed their practice in holding-
communion with other Churches: thoug-h they did not al-
together like their customs, they did not break communion
with them upon that account. Thus Ireneeus observes to^
Pope Victor, when he was rashly going- to excommunicate
the Asiatic .Churches for their different way of observing-
Easter, that his predecessor Anicetus was far from this un-
charitable temper. For when Polycarp came to Rome,
though they could not come to a perfect agreement in this
point, to have all the Churches observe Easter on the same
' Aui^. Ep. lis. Totum hoc genus rerum liberas habet observationes :
nee disciplinaullaest in his melior, gravi prudentiquo Christiano, quam ut
CO modo agat, quo agere viderit ecclesiam ad quamcunque forte devenerit.
Quod enim neque contra fideni, neque contra bonos mores injungitur, indiffe-
renter est habendum, et pro eorum inter quos vivitur societate servandum est..
* Aug. Ep. cxix. ad Januarium. cap. xviii. De iis, quae varie per diversa
loca observantur, una in his saluberrima reguhi retinenda est, ut quae iion
sunt contra fideiu, neque contra bonos mores, et habent aliquid ad exhorta-
tionem vita; mcliorls, ubicunque institui videmus, vel instiluta cognoscimus,
non soliim non improbcmus, sed etiam laudando et imitando sectemur, si ali-
quorum infinnitas non ita impedit, ut niajus detrimentum sit.
^ Ap. Euseb. lib. v. cap. 24,
42 THE ANTIQUITIES OF THE [BOOK XVI-
ciny ; yet this difference mutlc no contention between them.
For they gave each other tlie kiss of peace, and communi-
cated together ; Anicetus paying Polycarp the customary
civihty and respect, to let him consecrate the eucharist in
his Church. Irena^us o1)serves further, tliat though there
were many disputes then on foot concerning the time, and
length, and manner of observing the Ante-paschal or Lent
fast; yet all Churches agreed to live in peace and union with
one another : and the difference of their fasts served only to
commend the unity of their faith. And because it was then
a customary thing for Churches of different countries to
send the eucharist mutually to each other, to testify that
they were in communion with one another ; he notes it like-
wise as a peculiar instance of the Catholic tempers of the
bishops of Rome, Anicetus, Pius, Hyginus, Telesphorus,
Xystus and Soter, who were Victor's predecessors in that
Church, that though they differed from the Asiatic Churches
about Easter, yet they lived in peace with them ; not only
receiving the members of those Churches into communion,
when they came to Rome, but also sending the eucharist
from Rome to those Churches. Which being so common a
way of testifying their communion \\'\l\\ distant Churches in
those days, it was a very just complaint, which Chrysostom
made against Theophilus, bishop of Alexandria, and his ac-
complices, that, when they came to Constantinople, they
came not to church, according to custom and ancient law;
they joined not themselves to him, nor communicated with
him in the word or prayer,^ or the communion of the eucha-
rist ; but as soon as they landed, passing by the church,
they took their lodging in an inn, when the bishop's house
was ready prepared to entertain them. This he complains
of, as a sineular instance of their enmity, faction, and unclia-
ritable spirit, in refusing to communicate with him, before
any formal accusation had been brought against him, much
less any legal sentence of condemnation pronounced upon
him. I3y this account of things it is easy to judge, what
stress the Ancients laid upon the law of communion, obli-
' Chrys. Ep. ad Innocent, torn. iv. p. 07 7.
CHAP, 1.] nilKHTIAN CHURCH. 43
scimr cvcrv Clninh to cotniminicate witli licr sister Clmrclioti
over all the vvorlti in all holy oHices, in order to preserve the
comnuii\ion of worship one entire thin^- throu«>hout the
whole Catholie Church, without any notorious division or
distraction.
Sect. II. — 4tlily. In mutual Consent to ratify all l(i;-.il Acts of Discipline,
regularly exercised in any Churcli whatsoever.
The communion of the whole Catholic Church was fur-
ther declared by the obligation of such laws, as laid a ne-
cessary injunction upon all Churches to ratify all such legal
acts of discipline, as were regularly exercised in any Church
whatsoever. Thus if any person was duly baptised, and
thereby admitted to bo a member of any particular Chinch,
that qualification gave him a right to communicate in any
part of the Catholic Church, travelling- with commendatory
letters from the bishop of his own Church, to signify that
he was in perfect and full communion with her, and not
cast out for any offence against the rules of her commu-
nion. This is what Optatus means, when he says,* that the
whole world was united together in one common society, or
society of communion, by the mutual commerce of those
canonical or communicatory letters, which they called
Formatce, because these testifying that he was in the com-
munion of his own Church, by the known laws and rules of
discipline, gave him a title to communicate In any Church
whatsoever, only observing* the rites and customs of that
Church whither his occasions happened to call him. So
again, if a man was legally excommunicated for his crimes
by his own Church, no Church would receive him to com-
munion, till he had given proper satisfaction to his own
Church, which had bound him by her censures. Such a
perfect good understanding and harmony was there then
among all the parts of the whole Catholic Church, in con-
firming- each others discipline, and nmtually strengthening
their authority against all enemies of faith and virtue, whe-
' Optat. lib. ii. p. IS. Totus orbis comnicrcio fornuitarum in una coni-
nninionis bocictatc concordat.
44 THE ANTIQUITIES oF TlIF, [hOOK XVI.
ther they wore such as lii(!cl by open violence and terror,
or by secret arts and chmdestine practices to g'et admission,
in opposition to the Church, whose censures they lay under.
No Cliurch would admit them witliout communicatory let-
ters: if they were rebels to their own Church, they were ac-
counted rebels to the whole. Thus Epiphanius tells us,'
when Marcion the heretic was excommunicated by his own
father, and desired to be received into communion at Rome,
they answered him, that they could not do it, without the
permission of his father. For there was but one faith, and
one rule of concord ; and they could not do any thing" in
opposition to their g-ood fellow-servant, and his father.
This repulse was highly resented by Marcion, and it put
him upon those wicked designs of inventing a new heresy
to disturb the Church : for he told them directly in revcn<»-e,
that he would divide their Church, and bring- an eternal
schism into it. Which, as Epiphanius rightly observes, was
not so much to divide the Church, as to divide himself
from it. There are a g-reat many other instances of the
Church's steadiness and resolution in thus proceeding-
against delinquents, to maintain the unity of discipline en-
tire in all parts of the ecclesiastical body, and aljundance of
canons to this purpose ; which, because I shall have occa-
sion to speak more of hereafter,^ 1 willingly omit them in
this place, and go on to observe another instance of the
Church's unity in point of practice : which was,
Sect. 1-2. — 5thly. Tn roceiving unanimously the (customs of the Univer-
sal Church, and .submitting to tlic Decrees of General Councils.
That all Churches generally agreed in receiving- such cus-
toms as were handed down by general consent from apos-
tolical tradition, or otherwise settled and determined by the
decrees of general councils. For these two ways many
customs became in a manner universal, and almost of ne-
cessary observance in the Church over all the world : and
then for any private man or Church to dispute against
• V
Epiphan. Ilacr. 12. Marcion. n. i. ' Chap. ii. sect. 10.
CHAP. I.] CHRISTIAN rilllROII. ^^f
thorn, was to give scaiuhil lo the rost of tho world, and hrino-
distiirliiUK'c into tho Cluirch by an unnocossary and iinroa-
sonablc opposition to thing's innocont in ihornsclvcs, and
settled by g-oneral consent and ai)[)robation. St. Austin
takes notice of this double source and original of general
customs in the Church, for which though there be no ex-
press command in Scripture, yet a great deforonce ougdit
to be paid to tho general sentiments and authority, and
practice and observation of the whole Church. Those
things, says he, which we keep,* not from Scripture, but
from tradition, and which are observed overall the world,
are reasonably supposed to have come down to us recom-
mended and appointed cither by tho Apostles themselves, or
by some plenary councils, whose authority is of great use
in the Church ; such as the celebrating- the anniversary
memorial of our Saviour's passion, and resurrection, and
ascension, and the descent of the Holy Ghost from heaven,
and whatever else of the like nature is observed by the
universal Church in ail parts, wherever it spreads itself all
the world over. Concerning- which sort of things, he con-
cludes,^ that for any man to dispute against them, was most
insolent madness, seeing- they were authorised by the prac-
tice of the universal Church. He particularly applies this
rule to the case of observing- the Lord's day,^ not as a fast,
but as a festival : for since the whole Church observed it
as a festival, no one could turn that day into a fast, without
offending- God, by g"iving scandal to the Church Universal :
there being- both g-eneral custom and canon against it.* For
' Aug. Ep. 118. ad. Januar. Ilia autem, quee non scripta, sed tradita
custodimus, quae quidem toto terraium orbe observantur, dantur intelligi
vel ab ipsis Apostolis, vel plenariis Conciliis, quorum in ecclesiS, salubcr-
rima authorUas, commendata atque statuta retineri : sicuti quod Domini
passio et rcsurrectio ct asconsio in caelum, et adventus de coelo spiritfls
Sancti, anniveisarifi solonnitato celebrantur, et si quid aliud tale occurrerit
quod servatur ab univcrs.l, quftcunque se dift'undit, ecclesiTi.
« Ibid. Si quid horum tota per orbein frequentat ecclesia, quin ita facien-
dum sit, disputaro, insolcntissimre insania; est. ^ Aug.
Ep. 86. ad Casulan. Quis non Deum ofl'cndet, si Tclit cum scandalo to-
tius, quae ubique dilatata est, ecclesiae, die dominico je.junare ?
♦ Vide Can. Apost. 04. Con. Gangren. can, 18. Con. Caithag. iv. can.
G-t. Con. Biacar. i.can. i.
46 THE ANTIQLlITIES OF THE [BOOK XVI-
the same reason it was esteemed a crime to pray kneeling-
on that day, because the practice of the universal Church
was to pray standinjOf/ in memory of our Saviour's resur-
rection : and the Council of Nice thouHit it a thina" worthy
of a decree to bring- all men to an uniformity in that prac-
tice. As she ditl also in the matter of observiii"- the Easter
festival, making- a rule that all Churches should celebrate it
on one and the same day, " because it was unlawful that in
a business of so g-reat moment, and the religious observa-
tion of such a festival, there should be any dissention," as
Constantino expresses it in his epistle,^ which he sent to all
the Churches in the world upon this occasion. So that
though several Churches had kept this festival on different
days before this decree was made, yet when it was once
past, there was no more liberty for dissension.
Sect. 13. — Otlily, In submitting to the Decrees of National Councils.
The like may be observed of the decrees of national
councils, when once the Roman Empire was divided into
several kingdoms. A great many things were at first al-
lowed to every bishop in the management of his own dio-
cese, which were afterwards restrained by the decrees of
national Councils. As to instance only in one particular;
every bishop anciently had liberty to frame his own liturg-y
for the use of his own Church : liut in process of time,
when the world was divided into several kingdoms, rules
were made that all the Churches of such or such a kinof-
dom should have one and the same liturgy. Thus when
Spain and Gallia Narbonensis became one distinct king-
dom, a decree was made, that as there was but one faith, so
there should be but one liturgy or order of divine service
throughout the whole kingdom. The fourth Council of
Toledo, under the reign of king Sisenandus, made an ex-
press canon to this purpose :^ " After the confession of the
' Vid. Tertul. de Coron. Mil. rap. iii. tt Con. Nic. can. 20.
• Ap. Euseb. de Vita Const, lib. iii. cap. 19. * Con. Tolct. iv.
can. ii. Post reclie lidci confessionem, qiuc in sancta Dei ecclesifi pra;-
dicatur, placuit, onuies sacerdoles, qui cathoIic;c fidei imitate conipleclimur
CHAP. I.J CHRISTIAN CIinRCH. 47
true faith, which is prcacht'd In the holy Chiuc^h of (ifxl, it
seemed g'ood, that all we bishops, who are joined tog-ether
in the unity of the Catholic faith, should henceforth use no
diversity or disag-reeinent in the administration of the eccle-
siastical mysteries; lest every such diversity be interpreted
a schism among- vis by carnal men, and such as are unknown
to us, and the variety of customs in our Churches become
a scandal to many. Let one order therefore of prayers and
psalmody be observed by us throug-liout all Spain and
Gaul ; one manner of celebrating- mass, or the communion
service ; and one manner of performing- vespers, or evening-
service : and let there henceforth be no diversity in our ec-
clesiastical customs, seeing- we all live in one faith and in
one king-dom." That canon also refers to more ancient
canons, re(j[uiring' uniformity in divine worship throughout
provincial Churches. And it is most certain, that about this
time, that is, in the sixth and seventh centuries, and before,
decrees were made in several Councils, requiring- the
Churches of each respective province to conform their usag-es
to the rites and forms of the metropolitical or principal
Church among- them. As may be seen in the canons of the
Councils of Agde, Anno 506 ;^ and Epone, and Girone,
Anno 517 f and the Council of Vannes,^ and the first of
Braga,* Anno 465 and 563. For though by the most an-
cient rules every bishop had liberty to prescribe what he
thought proper for his own Church, and no Church pre-
tended to dictate mag-istorially in such things to any other;
yet when Churches became subject to one political head,
and national Churches arose from that distinction; then it
was thought convenient by all the bishops of such a nation
ut nihil ultra diversurn aut dissonum in ccclesiaslicis sacramcntis againus »
ne qiuclibet nostra diversitas apud ignotos sen carnales schisinatis errorem
videutur ostcnderc, et multis extit in scandalum varietas ccclcsiarum.
Unus ergo ordo orandi alque psallendi, d nobis per oinnem Ilispaniam
atque Galliciani (leg. Galliam) conservetur : unus modus in niissarum solen-
nitatibus, unus in vespcrtiniis officiis ; nee diversa sit ultra in nobis eccle-
siastica consuetude, quia in una fide continemur et regno. Hoc enim et
antiqui canones decrevcrunt. &c. ' Con. Agathen. can. xxx.
' Con. Epaunense. can xxvii. Con. Gerund, can. i. ■' Con.
Veneticum. can. xy. * Con. Bracarcn. i. can. 19, 20, 21. &c.
48 THE ANTIQUITIES OF THE [dOOK XVI.
to unite more closoly in rituals and circumstantials of divine
worshij), as well as faith and substantials : and from that
time this also became a necessary part of the union of
national Churches; in which all the bishops voluntarily
combininiir, no one could depart from that unity, without in-
curriui!- the i>uilt of an unnecessary breach of that union,
which was so convenient for cementinrr the several mem-
bars of a national Church into one communion.
Sect. 14. — No Necessity of a Visible Head to unite all the Parts of
the Catholic Church into one Communion.
Thus we have seen, wherein the unity of tlie Catholic
Church, considered in its utmost latitude, consisted. And
hence one might safely infer these two things negatively
without any further evidence : First, That there was no
necessity of a visible head, as now is pretended in the
Church of Rome, to unite all the parts of the Catholic
Church into one communion. Nor, secondly, any necessity
that the whole Catholic Church should a<>ree in all rites
and ceremonies, and customs in indifferent things, which
might be various in different Churches without any breach
of Catholic communion.
The former of these was sufficiently provided for by the
agreement of all Churches in the same faith, and the obli-
gation that lay upon the whole college of bishops, as equal
sharers in one episcopacy, to give mutual assistance to each
other in all things that were necessary to defend the faith,
or preserve the unity of the Church entire in all respects,
when any assault was made upon it. It was by this means,
and not by any necessary recourse to any single, visible,
standing head, that anciently the unity of the Church was
preserved. Recourse was sometimes had to the bishop of
Rome, as an eminent bishop, who made a considerable
figure in the great body of bishops, and one, who by his
station in the imperial city, might be able to succour those,
that were oppressed, in times of great difficulty and dis-
tress: but his judgment or opinion was deemcil no infalli-
ble rule, nor his decision such as was to conclude the rest
of the world, so as to tie them down, in no ca.se without the
CilAP, I.J CHRISTIAN CHURCH. 4'j
cliariife of schism to vary from him. For sometimes the
bishop of Rome fell into manifest lieresy, as when Liheriiis
suliseribcd to the Arian blasphemy : in which case any other
bisliop was not only at hberty to dissent from hitn, but was
oblig-ed, by virtue of his share in the common episcopacy of
the Church, to oppose him, and, if occasion required, to pro-
nounce a tta/hem a i\gn\nst liim; as St. Hilary did against
Liborius,' w hen he sul)scribed to the condemnation of Atha-
nasius, and the Arian Creed made at Sirmium. Sometimes
again the bishops of Rome took upon them to exercise a
jurisdiction over other Churches, in whoso afftiirs by right
of canon, they had no power: as when Pope Victor set him-
self to excommunicate the Asiatic Churches- for their dif-
ferent way of observing Easter, he was opposed not only by
the Asiatic bishops, but by Irenneus and the rest of the
world, as going beyond his bounds, and engag'ing himself
in a rash and schismaticul undertaking. For he, who by
an undue stretch of power not belonging to him divides
others from his communion, is properly the schismatic, by
making an unnecessary division in the Church, and not they,
who bv necessity are forced to divide from him. So aaain,
when Pope Zosimus and Celestine took upon them to
receive appellants from the African Churches, and ab-
solve those, whom they had condemned ; St. Austin and
all the African Churches sharply remonstrated against this
as an illegal practice, violating the laws of unity, and the
settled rules of ecclesiastical eommerco, which required,
that no delinquent, excommunicated in one Church, should
be absolved in another, without giving satisfaction, to
his own Church, that censured him: and therefore
to put a stop to this practice, and check the exorbitant
power, which the Roman bishops assumed to themselves,
they first made a law in the Council of Milevis,- that no
African clerk should appeal to any Church beyond sea,
under pain of being- excluded from communion in all the
' Hilar. Fragment, p. 134. Anathema tibi a me dictum, i.iberi, et sociis
tuis. Iteriim tibi anathema, et tertio, prffivarlcator Liberi.
* Con. Milevitan. can. x.\''
VOL. VI. E
•'JO THE ANTIQUITIES OF THK [BOOK XVI.
African Churches: and then afterward meetin*'- iri a general
synoa' they dispatched letters to the bishop of Rome, to
remind him how contrary this practice was to the canons of
Nice, which ordered, tliat all controversies should be ended
in the places, wliere they arose, before a council and the
metropolitan. And they withall tell him, it was unreason-
able to think, that God should enable a single person to
examine the justice of a cause, and deny his ^race to a
multitude of men assembled in council. This evidently
shews, that they did not imagine any single person to be
the centre of unity to the whole Church ; or that all Churches
were obliged to be in communion with the bishop of Rome,
whether he were catholic or heretic ; or that any Church,
without the limits of his metropolitical power, was bound
in any respect to submit to his jurisdiction: but it manifest-
ly proves on the contrary, that there was no necessity
of a visible head, as is now pretended in the Church
of Rome, to unite all the parts of the Catholic Church
into one communion ; but that in matters of faith,
every bishop was as much a guardian of the whole Church
as the bishop of Rome ; and in matters of discipline, all
Churches were at liberty to hear and determine their own
causes in a synod of bishops, without having recourse to
any foreign jurisdiction, as has been more fully demonstra-
ted in other parts of this w ork,^ to which 1 refer the reader
for greater satisfaction.
Sect. lo. — Nor any Nec<-ssity, that the whole Church should aj^reo in the
same Rites and Ceremonies, wliirh were Things of an indill'ercnt Nature.
It is equally clear, that there was no necessity, in order
to maintain the unity of the Catholic Church, that all
Churches should agree in all the same rites and ceremonies ;
but every Church mig-ht enjoy her own usages and customs
having- liberty to prescribe for herself in all things of an
indiHcrent nature, except where either an universal tradition
or the decree of some general or naiional Council, as has
' Cod. Can. Afric. a cap. 13o. adjl3S. * Book ii.chap.v.
and Book ix. chap. i. sod. II.
CHAP. I.] CIIKISTIAN CHURCH. i* l'
been noted before, intervened to make it otberwise. To
tills purpose is tliat lanious saying- of Irenaius,' \iponocea-
sion of the different customs of several Churches in obser-
ving- the Lent-fast : " we still retain peace one with another:
and the different ways of keeping- the fast, oidy the more
commends our agreement in the faith." St. Jeroin likewise,
speaking- of the different customs of Churches in relation to
the Saturday fast, and the reception of the eucharist every
day, lays down this general rule,^ that all ecclesiastical
traditions, which did no ways prejudice the faith, were to
be observed in such manner as we had received them from
our fore-fathers 5 and the custom of one Church was not to
be subverted by the contrary custom of another ; but every
province might abound in their own sense, and esteem the
rules of their ancestors as laws of the Apostles. After the
same manner, St. Austin** says, " that in all such things,
whereabout the Holy Scripture has given no positive deter-
mination, the custom of the people of God, or the rules of
our fore-fathers, are to be taken for laws. For if we dispute
about such matters, and condemn the custom of one Church
by the custom of another, that will ^be an eternal occasion
of strife and contention ; which will always be diligent
enoug-h to find out plausible reasoning-s, when there are no
certain arguments to shew the truth. Therefore g-reat cau-
tion ought to be used, that we draw not a cloud over charity
and eclipse its brightness in the tempest of contention."
He adds, a little after : " Such contention is commonly
endless, engendering- strifes, and terminating no disputes.
' Ap. Euseb. lib. v. cap. 2+. UdvTie il^i]vtvofiiv Trpog aWi'iXnc- kj >;
Siaipwvia r/;g vij<^eiaQ tt)v bfiovoiav Trig TiTiwg auinTTjcn.
* Hieron. Ep. xxviii. ad Lucinium Boetic.um. Ego illiid te breviter adiuo-
neiidum puto, traditiones ecclesiasticas (praesertim quaj fldei iioii officiant,)
ita observaiidas, ut a majoribus traditse sunt : nee aliorum cons-Jttudiiiem
aliorum contrario more subvertl Sed unaquteque proyincia abundet in
suosensu, et priEcepta majorum leges apostolicas arbitrttur.
' Aug. Ep. Ixxxvi. ad Casulan. In his rebus, de quibus nihil certi statuit
Scriptura divina, mos populi Dei vel instituta ma jorum pro lege tenenda
.sunt. De quibus si disputare voluerimus, et ex aliorum consuetudine alios
improbare, orietur interminata Juctatio, quaj labore sermocinationis cum
certa documenta nulla veritatis insinuet; utique cavendumest, ne tcmpestalp
contentionis serenitatem charitatis obnubil«t.
E 2
i2 THK ANTIQUITIES OK THE [bOOK XYl.
Let US therefore maintain one faith throusrhout the whole
Cliurch,* wherever it is spread, as intrinsical to the mem-
bers of the body, ahhough the unity of faith be kept with
some different observations, whicli in no ways hinder or
impair the truth of it. For all the beauty of the kind's
daughter is within, and those observations which are diffe-
rently celebrated, are understood only to be in her outward
clothing-. Whence she is said to be clothed in golden
fringes, wrought about with divers colours. But let that
clothing- be so disting-uished by different observations, as
that she herself may not be destroyed by oppositions and
contentions about them.'' This was the ancient way of
preserving peace in the Catholic Church, to let different
Churches, Avhich had no dependence in externals upon
one another, enjoy their own liberty to follow their own
customs without contradiction. For as Gregory* the Great
said to Leander, a Spanish bishop, there is no harm done to
the Church catholic by different customs, so long as the
unity of the faith is preserved. And therefore, though the
Spanish Churches differed in some customs from the Roman
Church, yet he did not pretend to oblige them to leave
their own customs and usages, to follow the Roman. He
gave a like answer to Austin, the monk, archbishop of Can-
terbury, when he asked him, what form of div'ne service
he should settle in Britain, the old Gallican, or the Roman?
And how it came to pass, that when there was but one faith
there were different customs in different Churches; the
Roman Church having one form of service, and the Galli-
can Churches another ? To this he replied,-* " Whatever
' Au£f. Ep. Ixxxvi. ad Casulan. Interminabilis est ista contentio, gene-
rans lites, nonfiniens qurestiones. Sit ergo uiiafidfs iiniversae, quae ubique
dilatatur, ccclesia;, tanqiiain intiis in itioiiibris, utiam si ipsa uiiitas fidei
quibusdam diversis obscrvationibus cclebratiir, quihus nullo modo quod in
tide verum est impeditiir. Oinnis eniin pulchritudo filisE regis intrinsccus^
JlJEe autem observaliones, quse varie celebrantiir, in ejus veste intelliguntur.
Unde ibi dicJlur, In fimbriis aureis circuniamictfi varietate. Sed ea quoque
vestis ita diversis cclebrationibiis varietur, ut non adversis contentionibus
dissipetur. * Gregf. Magn. Ep. xli. ad Leandrum. In
una fide nihil ofTicit sancta; ccclesiac consuetudn diversa.
* GreR-. respons. ad quaest. Aug. ap. Bedara. lib. i. cap. 27. and Gratian.
dist. xii.cnp. 10. Mihi placet, uf sive in Romann, siv« in Galliarum, sen in quft
CHAP. 1.] CHRISTIAN CHURCH. 53
you find eitlicr in the Roman or Gallicun, or any other
Church, which may be more pleasing- to Almighty God, I
think it best, tliat you should carefully select it, and settle it
in the use of the English Church, newly converted to the
faith. For we are not to love things for the sake of the
place, but places for the sake of the good things we find in
them. Therefore you may collect out of every Church what-
ever things are pious religious and right; and putting them
together, instil them into the minds of the Englisli, and
accustom them to the observation of them." And there is
no question but that Austin followed this direction in his
new plantation of the English Church.
Neither was this liberty granted to difterent Churches in
bare rituals, and things of an indifi'erent nature, but some-
times in more weighty points, sucli as the receiving, or not
receiving those that were baptised by heretics and schis-
matics without another baptism. This was a question long-
debated between the African, and Roman, and other
Churches; yet without breach of communion, especially on
their part, who followed the moderate counsels of Cyprian,
who still pleaded for the liberty andindependency ofdifierent
Churches in this matter, leaving- all Churches to act accord-
ing to their own judgment, and keeping peace and unity
with those that differed from him, as has been more fully
shewn in a former book,^ where we discourse of the inde-
pendency of bishops, especially in the African Churches.
The reader may find an account of some other questions
in the same place, as candidly and moderately debated
among them; as the question about clinic baptism, and the
case of admitting adulterers to communion ao-ain.
m which the practice of the African bishops was often
diflferent from one another ; but they neither censured
libet ecclesia aliquid invenisti, quod plus omnipotenti Deo placere possit'
sollicite eligas; el in Anglorum ecclesii, quae adhuc ad fidein noya est, in-
stitutione prsEcipuS, qu^ de inultis ecclesiis coUigjcre potuisti, infuudas.
Non enim pro locis res, sed pro bonis rebus loca amanda sunt. Ex singulis
ergo quibusque ecclesiis, quae pia, quae religiosa, (pjae recta suut elige, e
hiEc quasi in fasciculutn coUecta, apud Anglorum mcntes in eonsut^tudinom
depone.
' Book ii. chap. tI.
54 THE ANTIQUITIES OF THK [bOOK XVI.
each other's practice, nor brake communion upon it. And
sometimes the same moderation wi^s observed in doctrinal
points of lesser moment. For as our learned and judicious
uriters* have observed out of St. Austin,^ besides the neces-
sary articles of faith, there are other thing's about whicli
the most learned and exact defenders of the Catholic rule
do not agree, ivithout dissolving- the bond of faith. There
are some questions, in which without any detriment to the
faith,^ that makes us Christians, we may safely be igno-
rant of the truth, or suspend our opinion, or conjecture
what is false by human suspicion and infirmity. As in the
question about paradise, what sort of place it is, and where
it was that God placed the first man when he had formed
him? Where now Enoch and Elias are, in Paradise or
some other place? How many heavens there are, into the
third of which St. Paul says he was taken ? With innumer-
able questions of the like nature, pertaining- either to the secret
work of God, or the hidden parts of Scripture, concern-
ing" which he concludes, that a man may be ig-norant of them
without any prejudice to the Christian faith, or err about
them without any imputation of heresy. This consideration
made St. Austin profess in his modesty, that there were
more things in Scripture,* which he knew not, than what he
did know. And if men should fiercely dispute about such
things, and condemn one another for their ignorance or
error concerning' them, there would be no end of schisms and
divisions in the Church, Therefore in such questions every
man was at liberty to abound in his own sense, only observ-
ing this rule of peace, not to impose his own opinions ma-
gisterially upon others, nor urge his own sentiments as ne-
' Barrow, Of the Unify of the Church, p. 299. Potter, Answer to
Charity Mistaken, sect. iii. p. fi8. « Aug. cont. Julian.
Pelag. Alia sunt de quibus inter se aliquando doctissimi atque optinii regu-
la: catholicse defensores, salvfi fidei compare, non consonant.
" Aug. de Peccat. Orig. cont. Pelag. et Celest. lib. ii. cap. 23. Sunt
qusEStiones in quibus, salvfi fide qua Christiani sumus, aut ignoratur quod
verum sit, et sentenlifi definitive suspenditur; aut aiiter quam est ; hunianfi et
infirmfi suspicione conjicitur. Veluti cum qusritur, Qualis, aut ubi para-
disus sit ? &c. Vid. Enchirid. ca|>. 69.
* Aug. r,p. 119. ad Januar. cap. xx. Etiani in iji^is Sanctis ycripluris inulto
ncsciain pi ma fiiiiini sciani.
CHAJ\ I.J CHRISTIAN CHURCH. 55
cessary doctrititis or articles of faith in such points, whore
cither the Scripture was silent, or left every man the liberty
of opining".
Sbct. 16. — Wliat Allowance was made for Men, who out of simijli- I;^-
norance broke Communion with one another.
Nay, in some cases a little allowance was made for men
of honest minds, who broke communion with one another.
For sometimes it happened, that good Catholics were divi-
ded among- themselves out of ignorance, and broke com-
munion with one another for mere words, not understanding-
each other's sentiments. In which case ail wise and mode-
rate men hada just compassion for each party, and laboured
to compose and unite them, without severely condemning-
either. Nazianzen tells us, there was a time* when the
ends of the earth were well nigh divided by a few syl-
lables. Jt was in a controversy about the use of the
words Tpto •jroo<T(t)7ro, and Tptitj 'Yiro'^daeir, in the doctrine
of the Trinity. Each party was orthodox, and meant the
same thing- under different words ; but not \mtlerstandin«»-
one another's sense, they mutually charged each
other with heresy. They who were for calling- the three
divine persons three Hypostases, charged their adversaries
as Sabellians ; and they on the contrary returned the charo-e
of Arianism upon them, as thinking they had taken three
Hypostases in the Arian sense, for three essences or sub-
stances of a ditl'erent nature. But the great and good Atha-
nasius, in his admirable prudence and candour, seeing- into
the false foundation of these disputes, quickly put an end to
them, by bringing- them to a right understanding of each
other's sense, and allowing them to use their own terms
without any difference in opinion. And this, says our author,
was a more beneficial act of charity to the Church, than all
his other daily labours and discourses : it was more honou-
rable than all his watchings aad humicubations, and not
inferior to his flights and exiles. And therefore he tells his
readers, in ushering in the discourse, " That he could not
' Naz. Oral, xxi. dc laud. Athanas. toin. i. p. 3!.>r).
56 THE ANTIQUITIES OF THE [BOOK XVI.
omit the relation without injuring- them, especially at
a time when contentions and divisions were in the Church;
for this action of his would be an instruction to
them, that were then alive, and of great advantage,
if they would propound it to their own imitation, since
men were prone to divide not only from the impious,
but from the orthodox and pious, and that not only about
little and contemptible opinions, which ought to make no
ditt'erence, but even about words that tended to the same
sense, as was evident in the case before them/'' Such was
the candour and prudence of wise and good men in labouring
to compose the unnecessaiy and verbal disputes of the
orthodox, when they unfortunately happened to clash and
quarrel without grounds one with another.
And they had some regard likewise to men of honest
minds, who, through mere ignorance or infirmity, were en-
gag-ed in greater errors. For they made a great distinction
between Heresiarchs and their followers; between the
guides and the people ; and between such as were born and
bred in the Church, and afterward apostatised into heresy,
and those that received their errors from the tradition and
seduction of their parents. St. Austin' speaking of this lat-
ter sort, says, " that they, wh.o defend not a false and per-
verse opinion with any pertinacious animosity, especially if
they did not by any audacious presumption of their own first
invent it, but received it from the seduction of their erring
parents, and were careful in their inquiries after truth,
being ready to embrace it when they found it ; that they
were by no means to be reckoned among heretics." That
is, they had not the formality of heresy, which is pride and
obstinacy in error ; and therefore a more favourable opinion
mioht be conceived of them above others, who first founded
heresies, or embraced them afterwards out of some vicious
' Aufif. Ep. 162. ad Episc. Donat. p. 277. Qui sententiam suam, quamvis
iatsam atque perversa™, nullfi pertinaci animositate defendunt, prBesertim
qiiam noil audaciti praesuiiqitionis suae peperoruiit, scd a seductis atque in
• rrorfin lapsis parentihusacccperunl, qua;runt auteiu causfi solicitudinc veri.
tati-m, rcrrigi parati cum invcncrint, ncquaquam sunt inter hsprrllcos depu-
*»iA^. l.J CHRISTIAN CMURCH. 57
coiriiptioii t)f" inincl, liaving- a greater reg-ard to their own
lusts, and }>leasures of unrighteousness, than any sincere love
for trnlii. Tliough such weak and injudicious persons could
not be wholly excused from error, or schism, or sin, yet in
comparison of others their case was tliouijht capable of
some proper allowances: and tiierefore they were neitlier
so severely punished in the Church here, nor reputed so
great objects of God's displeasure hereafter. For as
Salvian' words it, in the ease of some who embraced the
Arian heresy, " they erred indeed, but they erred with a
good mind ; not out of any hatred to God, V)ut with afiection
to him, thinking' thereby to honour and love the Lord.
Although they had not the true laitii, yet they imagined this
their opinion to be perfect charity towards God. And how
they shall be punished for this error of their false opinion in
the day of judgment, no one knows but the Judge alone."
Sect. 17. — Of dificront Dogrros of I'nity ; and that no one was esteemed to
be in the perfect Unity of the Cliurcli, who was not in full Communion
with her.
This occasioned a little distinction sometimes to be made
betwen Heresiarchs, or the first authors of heresy, and those
that were ignorantly drawn into error by their seducement
and delusions, as we shall see more in speaking of the disci-
pline and censures of the Church. In the mean time, I ob-
serve, that because the Church could not ordinarily judo-e
of men's hearts, nor always know the means and motives that
engaged them in error or schism, she was forced to proceed
commonly by another rule, and judge of their unity with her
by their external communion and professions. And because
there were several sorts and degrees of unity, as we have
seen before, so that a man might be in the communion of
the Church in one respect, and out of it in another ; therefore
the Church went by this rule, to judge none to be in her
' Salvian. de Gubeinat. Dei. lib. v. ]>. \5i. f]rrant ergo, sed bono aninio
errant ; non odio, scd atfectu Dei, honorare so Dominum, at<jup amare cro-
dentcs. Qnanivis noti habeant reotam (idem, illi tamen hoc perfectam Dei
asstimnnt charitatem. Qiialiter pro hoc ipso falsrs opinionis cnorc in die
judicii punicndi sunt, nullns potcsl scire nisi judex.
58 THE ANTIQIHTIKS OF TlIK [bOOK XVI.
perfect unity, but such as were in full communion n itli lior.
Upon which account, thoug-h heretics and schismatics and
excommunicate persons and profane men were in some
sense of the Church, as having* received baptism, which they
always retained, and as making- profession of some part ot
the Christian faith ; yet because, in other respects they were
broken o(F from her, they were not esteemed sound and per-
fect members of the body, but looked upon as withered and
decayed branches, for want of such unity in other respects,
as is necessarily required to denominate a man a real and
complete Christian, which is a title allowed to none but
such as are in full communion with the Church o Christ.
This distinction between total and partial unity, and total
and partial schism and separation, is of great use to make a
man understand all those sayings of the Ancients, which
speak of heretics and schismatics and excommunicato per-
sons and profligate sinners, as being' in some measure in and
of the Church, at the same time that they were reputed
really and truly separated from her. Thus Optatus tells the
Donatists.* " that they were divided from the Church in
part, not in every respect: for that was the nature of a
schism, to be divided in part, not totally cut asunder. And
that for very g'ood reason, because both we and you have the
same ecclesiastical conversation ; though the minds of men
be at variance, the sacraments do not vary. We have all the
same faith, we are all signed with the same seal: we are no
otherwise baptised than you are, nor otherwise ordained than
you are. We all read the same divine Testament, we all
pray to the same God. The Lord's prajer is the same with
us, as it is with you : but there being a rent made, as was said
' Optat. lib. iii. p. 72. In parte vestis adhuc unum sumus, sed in di versa
pcndenuis. Quod onini scissum est, ex parte divisum est, non ex toto con-
cisum. Et merito, quia nobis et vobis una est occlesiastica conversalio :
et si hominuni litigant mentes, non litigant sacranuMila. Denique possumus
etnosdicere, Pares credimus, et uno sigillo signati sumus: nee aliter bap-
tizati quam vos. Nee aliter ordinati quam vos. Testanicntum divinum Icgi-
niuspariter: unum Deum rogamus. Oralio dominica apud nos tt apud vos
una est, sed scissurS (ut supra diximus) factfi, parlibus liinc atcjue indc
pcndenlibus, sarlura nercssaria.
CHAI'. I.] CHRISTIAN CHURC!!. .*0
l)ofore,liv tl»t3 parts lianging- this way anrl that way, an union
was necessary to restore the whole to its integrity.*' He re-
peats this agMin in other' ])Iaces : " both you and we have
the same ecclesiastical conversation, the same common les-
sons, the same faith, the same sacraments of faith, the same
mysteries." And upon this score he frequently tells them
they were their brethren still, whether they would or not,
" Though the Donatists hate us," says he,'' " and abhor us,
and will not be called our brethren, yet we cannot depart
from the fear of God : they are without doubt our brethren,
I hough not good brethren. Therefore let no one wonder,
that I call them brethren, who cannot be otherwise tlian our
brethren, seeing* both they and we have one and the same
spiritual nativity, though our actions are different from one
another." '•' Ye cannot but be our brethren," says he ag-ain^
to them, " whom one mother the Church hath born in the
same bowels of her sacraments ; whom one God, as a
father, hath received after one and the same manner, as
adopted children. We all pray, our Father which art in
Heaven: whence you may perceive, that wo are not totally
separated from one another, whilst we pray for you willing--
ly, and you pray for us, though against your will. You may
hence see, brother Parmenian, that the sacred bonds of
brotherhood between us and you, cannot be totally broken
asunder." St. Austin always discourses after the same man-
ner concerning- this union in part: in many thing's ye are
' Optat. lib. V. p. 84. Denique apud tos et apud nos una est ecclesiastica
conversatio, communes lectiones, eadem fides, ipsa fidei sacramenta, eadem
uijsteria. * Lib, i. p. 34i. Quaravis nos odio habent, ef execrentur,
ct nolunt se dici fratres nostros ; tamen noS recedcre a timore Dei non pos-
sumus. — Sunt igitur sine dubio fratres, quamvis non boni. Quare nemo nii-
letur, eos me appellare fratres qui non possunt non esse fratres. Est quidem
nobis et illis una spiritualis nativifas, sed diversi sunt actus, &c. So in tlie
('onference of Carthage, die. ill. n. 233. tlie Catholics say, Pro|)ter sacra-
menta frater est, sive bonus sive mains. * Optat. lib. iv. p. 77.
Non enim non potestis esse fratres. quos iisdem sacramentorum visceribus
una mater ecclesia genuit ; quos eodem niodo adoptivos filios Dous Pater
excepit. — Videtis nos non in totnm ab invicem esse separatos, dum et nos
])ro vobis oramus volentes; et vos pro nobis oretis, ctsi nolentes. Vides,
Iratcr Parmenianu, .sancla germanilalis vincula inter nos ct vos in totuin
runipi non posse.
60 THE ANTIQUITIES OF THE [bOOK XVI.
one* with us, in baptism, in the creed, and the rest of God's
sacrament-s." And hence^ he also concludes, " that whether
they would or no, they were their brethren, and could not
cease to be so, so long- as they continued to say, our Father,
and did not renounce their creed and their baptism. For
there was no medium between Christians and Pagans, If
they retained faith, and baptism, and the common prayer of
the Lord, which teaches all men to style God their Father ;
so far they were Christians : and as far as they were Chris-
tians, so far they were brethren, though turbulant and con-
tentious, who would neither keep the unity of the Spirit in
the bond of peace, nor continue to be united in the Catholic
Church with the rest of their brethren."
By all this it is evident, I. that there were different de-
g-rees of unity and schism, according" to the proportion of
which, a man was said to be more or less united to the
Church, or divided from it. 2. That they, who retained
faith, and baptism, and the common form of Christian wor-
ship, were in those respects one with the Church ; though
in other respects, wherein their schism consisted, they were
divided from her. So they raig-ht be said to be brethren,
and not brethren ; sons of God, and not sons of God ; of the
house of God, and not of the house of God; according to
the diff'erent acceptations of these terms, and the different
proportion and degrees of that unity or schism, whereby
they were united to the Church, or separated from her.
3. That to give a man the denomination of a true Catholic
Christian, absolutely speaking, it was necessary that he
should in all respects, and in every kind of unity be in per-
fect and full communion w ith the Church ; that is, in faith,
in baptism, in holiness of life, in charity, in worship and
all holy offices, and in all the necessary parts of government
and discipline: but to denominate a man a schismatic, it
was sufficient to break the unity of the Church in any one
' Aug. Ep. 49. ad Vincent, p. 71. In mullis estis nobiscum, in baptismo,
in Sinibolo, in ceteris dominicis sacranientis. In spiritu auteni unitatis, et
vinculo pacis, in ipsfi denique calholicfi ccclesift. nobiscum non estis.
" Aug. in Psal. xxxii. Concion. ii. p. !>1. Velint. nolini, fratics nostri
<unf. &c.
CHAl*. II.] CHRISTIAN CHURCH: 61
respect ; though the malignity of his schism wafl to bo in-
terpreted more or less, according to the degrees of tiie sepa-
ration that he made frorn her. And by these rules it is easy
forany one to understand, what the Ancients meant by unity
and schism, and how the discipline of the Church was exer-
cised and maintained by obliging men to live in perfect and
full communion with her, which I come now more particu-
larly to explain and consider.
CHAP. II.
Of the Discipline of the Church, and the xarious Kinds
of it, together with the various Methods observed in the
Administration of it.
Sect. 1. — That the Discipline of the Church did not consist in cancelling
or disannulling any Man's Baptism.
The discipline of the Church beine: intended, as was ob-
served before, only to preserve the unity and purity of her
own members in one communion, we arc not to look for the
exercise of it upon any but such as in some measure made
profession of being joined in society with her; which were
either baptised persons, or at least candidates of baptism:
for she pretended not to exercise discipline upon any others
which were without, but such only as were within the pale,
in the largest sense, by some act of their own profession.
And even upon these she never pretended to exercise her
discipline so far, as to cancel or disannul their baptism, so
as to oblige them to take a second baptism, if their first was
good, in order to be admitted into the Church again, when
for any crime they were cast out of it. For even heretics
and apostates, who made the greatest breach of Christian
unity, were never so far divided from the Church, but that
still they retained some distant relation to her by baptism,
whose character was indelible, even in the greatest
Vy2 THE ANTIQUITIES OF THE [BOOK XVI.
apostacy that can be imagined, even in the total abjuration
of the Christian faith : the obhg-ation of their baptism still
lay upon them, and with what severity soever they were
treated in their repentance, if ever they returned to the
Church again, there is no instance of receiving- them by a
second baptism, wliich, if once lawfully given, was for ever
after forbidden to be repeated upon any account whatso-
ever. I will not stand to prove this here, because I have
had occasion once or twice' before to speak largely upon
it; but only observe, that it was no part of the discipline of
the Church to deny men the original right they had in bap-
tism ; and consequently that the most formal casting them
out of communion was never intended to signify, that they
were mere heathens and pagans, and that they could not be
admitted again into the Church without a repetition of their
baptism.
Sect. 2. — But in excluding Men from the common Benefits and Piivele^es
consequent to Baptism.
But the discipline of the Church consisted in a power to
deprive men of all the benefits and privileges of baptism,
by turning them out of the society and communion of the
Cliurch, in which these privileg-es were only to be enjoyed;
such as joining in public prayer, and receiving the eucha-
rist, and other acts of divine worship : and sometimes they
were wholly forbidden to enter the church, so much as to
hear the Scriptures read, or liear a sermon preached, till
they shewed some signs of relenting ; and every one shun-
ned and avoided them in common conversation, partly to
establish the Church's censures and proceedings against
them, and partly to make them ashamed, and partly to
secure themselves from the danger of contagion and in-
fection.
' Book xii. chap. r. and Scholastical History of Baptism, part ii.
chap. vi.
CHAP. II.] CHRISTIAN CHURCH. 63
Sect. 3. — This Power oriffinally a mere spiritual Power, thons(Ii in some
Cases llie secular Arm was called in to give its Assistance.
Thus far the Church went in her censures by her own
natural right and power, but no further: for her power
originally was a mere spiritual power; her sword only a
spiritual sword, as Cyprian' terms it, to affect the soul, and
not the body. Over the bodies of men she pretended no
power; no nor yet over their estates, except such as were
purely ecclesiastical, and of her own donation, to resume
what was her ovvn property and g"ift from such as were con-
tumacious and rebellious ag^ainst her censures. In which
case she sometimes caved assistance from the secular
power, even whilst it was heathen, and more frequently
when it was become Christian. Thus when the Council of
Antioch had deposed Paulus Samosatensis, and substituted
Domnus in his room, but could not remove him by any
power of their own from the house belonging to the
church, which he still kept possession of, they had re-
course to Aurelian, the heathen Emperor, who did them
justice upon appeal, ordering* the house to be delivered to
those, to whom the bishops of Italy and Rome should write
with approbation. " And so," says Eusebius,^ " Paul
was cast out of the church with the highest disgrace by
the help of the secular power." This was more common
after the Emperors where become Christians : for then they
could with greater liberty and confidence appeal to them,
and beg- their assistance upon such occasions. And then
canons where made to authorise such addresses, that the
censures of the Church might have their effect and force
upon contumacious and obstinate offenders. Such an order
was made in the Council of Antioch,^ Anno 341, in the reign
of Constantius, " that if a presbyter, who set up a separate
' Cypr. Ep. Ixii. al. iv. ad Pompon, p. 9. Spirituali gladio superbi
et contumaces necantur, dum de ecclesifi ejiciuntur. * Euseb.
lib. vli. cap. 30. Mtrd rijc *<''X^''''yC aiaxvvTjg inrt) rijc KOffftiKJjg apx»7f
i^tXaliviTai rijc (KKXjjairtQ. ' Con, Antioch. can. v. Et Se
Trapafiivoi SopiijSwj' ic) ava'raruiv ti)v iic/cXi/ffirtv, Sta Tijg t^wSev e5«(T«'af tl»c
C4 THE ANTIQUITIES OF THE [bOOK XVI.
meetlno- ag-ainst his bishop, and VA'as, after admonition, depo-
sed for liis crime, still continued obstinately to disturb and
subvert the Church, he should be corrected by the external
power, that is, the civil mag-istrate, as a seditious person."
Such another canon was made in the third Council of
Carthag-e,* in the case of oneCresconius, an African bishop,
who having" left his own bisliopric, and intruded himself into
another, wliere he stayed in spite of all ecclesiastical cen-
sures, orders were g-iven to petition the secular magistrate
bv his authority to remove him. And this canon was in-
serted as a general and standing- rule into the African Code.'
Where we have also a like constitution^ against such pres-
byters, as set up new bishoprics in the diocese of their own
bishop without his consent : they were to be deprived and
removed out of such places, as rebels, 'Apx^vrtKy Suvortia,
hy the governing poiver of the secular magistrate. And in
another canon* mention is made of letters to bo sent from
the synod to the magistrates of Africa, to petition them to
yield their assistance to their common mother, the Catholic
Church, against the Donatists, for as much as the authority
of bishops was contemned in every city. This petition is
more particularly explained in another canon,* which grants
a commission to certain bishops to go as legates in the name
of the Church, to the Emperors, Arcadius and Honorius,
and complain of the violences offered by the Donatists, who
had invaded many of their Churches, and kept them by
force ; against which they desired the Emperors to grant
them a suitable help by a military guard ; it being no unusual
thing, nor against the Scripture, to be protected, as St. Paul
was, by a band of soldiers against the conspiracy of insolent
and factious men. They requested also, that the Emperors
would put in execution the law, which Theodosius their
father, of pious memory, had enacted against heretics,
whereby every one that ordained, or was ordained by them,
' Con. Carlh. iii. can. 3S. Dignemini dare fiduciain, qua, necessitate ipsa
cogentf, liberuin ad proesidi-m regionis adversus ilium accedere, secundum
constitutiouis cl. imperatorum ut secularis magistrafus auctoritate pro-
hibeatur. * Cod. Afric. can. xlix. * Cod. Afric. can. Ut.
♦ Ibid. can. Ixviii. * Cod. Afrip. «?»". vriii. al. <^5,
CHAP. 11.] CHRISTIAN CHLUOII. t'lj
was anicrecd in the sum ul" tiMi pounds of g'old. The law,
they reftM- to, is still extant in tlie Thoodosian Code, running-
in these terms,* " If proof is made ag-ainst any, who are en-
g'ag'ed i:i heretical errors, that they either liavc ordained
clerks, or received the office of a clerk, a mulct of ten pounds
in g'oid, is hy our order to bo imposed upon them : and
the place, in whieli any of these unlawful things were al-
tomptcd, if done by the connivance of the owner, shall be
confiscated. But if the possessor was ignorant of the mat-
ter, then he that rented the farm, if he be a freeman, shall
forfeit ten pounds of g'old to the exchequer ; or if he be
descended of a servile condition, and cannot bear the penal-
ty, then he shall be beaten with rods, and sent into banish-
ment." This was that famous penal law of Theodosius
against all lieretics in general, so often mentioned by
St. Austin, and which he with the rest of the African Fathers
desired Honorius to confirm, so as it might specify and
affect the Donatists, more particularly such of them, as by
open or secret violence made assaults upon tlie Catholic
Church. They did not desire, that this penalty should be
inflicted indifferently upon all the Donatists, but only such
as the Circumcellions and others, who in their mad zeal and
fury committed violent outrages against the Catholics: but
Honorius extended the penalty to them all, and enforced
the old law of Theodosius, his father, by a new law of his
own, wherein the Donatists were particularly named as
heretics,^ who upon conviction, or confession, were to be
fined in the sum of ten pounds of gold, according- to the
tenour of the former law. No one better understood either
the reasons or the effects of this law than St. Austin, and
therefore it cannot be better explained than, as Gothofred
does it, in his words. Now he, writing- to Count Boniface,
an African magistrate, gives this account of it: " before
' Cod. Theod. lib. xvi. tit. V. de HfEicticis. Icsf. xxi. In harcticis erro-
ribus quoscunque constiterit vel ordinftsse clericos", vel suscepisse officium
clericoriim, denis libris auri viritim niultandos esse censemus, &c.
' Cod. Theod. lib. xvi. tit. V. leg. 39. Donatistae supeistitionis hajieticos,
quocunque loci, vel fatentes, vel convictos, legis tenore servato, pcenam
(lebitam absque dilatioup pcrsolvere decerninius.
VOL. VI. F
(id THE ANTiQUlTlKS OF THK [cOOK \Y!.
those laws," says hc,^ '' were sent into Afric, which compel
heretics to come in to the Church, some of our brethren,
among whom I was one, were of opinion, that although the
madness of the Donatists raged every where, yet we should
not petition the emperors to forbid any one simply to be
of that heresy, by inflicting punishment on all tliat em-
braced it; but only desire them to make a law to restrain
?hem from oft'ering violence to any, that either preached or
held the Catliolic faith. Which we thought might in some
measure be done after this manner: if the law of Theodosius
of pious men ory, which he had promulged against all here-
tics in general, that whoe\er was found to be a bishop or
clerk, any where among them, should forfeit ten pounds
in gold, were more expressly couMrmed ag^iinst the Dona-
tists, who denied themselves to be heretics, in such a man-
ner, as that the penalty should not be inflicted upon them all,
but only upon such, in whose regions the Catholic Church
suffered violence from their clergy, or the Circumcellions, or
their people, so as after the protestation of the Catholics,
who suffered from them, the magistrates should compel
their bishops or ministers to pay the fine. For so we
thought, that by this means they might be terrified from
daring any such attempts, and the Catholic truth might be
taught and held freely, so as no one should be compelled to
it, but every one, that would, might embrace it without fear,
and we should have no false or counterfeit Catholics. And
though others of our brethren were of a different opinion,
who by tlicir age had greater experience, and could plead
the example of many cities and places, where we saw the
Catholic Church firmly and truly settled, which yet was
there settled by such kind methods of divine Providence,
whilst men were compelled by the laws of former emperors
' Aug. Ep. 1. .1(1 Boiiifac. p. 84. Antequ;\m istic leges, quibus tid convi-
vium sanctum coguutur intrare, in Africam inittercntur, nonnuUis fratribus
in quibus ct ego erara, quamvis Donatistaruni rabies usqnequaque soiviret,
Tidebatur non esse petendura ab imperatoribus, ut ipsam haeresin jnberent
omnino non esse puenam oonstituendo eis, qui in illS esse voluissent, sed
hoc potius constitueient, ut eoiiim furiosas violentias non paterentur qui ve-
ritntew cathollcam vel prsedicarent loquendo, vel legerent conslituendo. &c.
CHAP. II.] CHRISTIAN OHIJRCM. »;7
to como in to the Catholic coininunion, yet notvvitlistanding-
this we prevailed, that our petition should be presented to
the Emperors in the foresaid form. And thereupon a decree
was drawn up in council, and our legates were dispatched to
court. But ihe greater mercy of God, who better knew
Iiow necessary the terror of such laws, and a little medicinal
trouble is, for the wicked or cold hearts of many men, and
for that hardness of mind, which cannot be corrected by
words, but may by a little severity of discipline, so ordered
the matter, tliat our legates could not obtain the thing- they
had undertaken. For before they could get to court to pre-
sent our petition, several grievous complaints had been
made by the bisliops of other places, who had suffered ex-
tremely from the Donatisls, and were driven from tlseir sees
by them : especially the horrible and incredible murder of
Ma.ximian, the Catholic bishop of Vaga, made it impossible
for our embassy to succeed. For now a law was already
promulg'ed against the barbarous Donatist heresy, the very
sparing" which seemed more cruel than the cruelty which
themselves exercised, that not only its violence, but its very-
being- should not be tolerated or suffered to go unpunished.
Yet to observe Christian meekness, even toward the un-
worthy, the penalty proposed was not death, but only a pe-
cuniary mulct, and banishment for the bishops and minis-
ters." Then relating- particularly the barbarous usag-e of
Maximian, and their unparalleled cruelty towards him, he
adds, " that the Emperor being well apprised of these facts,
in his g-reat piety and concern for religion, chose rather uni-
versally to correct that impious error by wholesome laws,
and reduce those, who carried the badge of Christ ag-ainst
Christ, to Catholic unity by terror and punishment, than
barely to take from them the liberty of exercising- their
cruelty, and leave them at liberty to err and perish." Ho
observes further, " that as soon as ever these laws appeared
in Afric, they wrought wonderful effects upon the minds
of men : for immediately all such as waited only for a pro-
per occasion, or were kept back merely by the dread of the
cruelty of those frantic men, or were afraid to offend their
relations, came over at once to the Catholic Church. Many
F 2
C*^ TIIK ANTIQUITIES OF THK [boOK XVI.
also, who were detained in schism merely by the custom
they had been trained up to by their parents, but had never
spent a thought about the grounds and reasons of their
error, nor would consider or make any inquiry into the
merits of the cause ; when once they began to consider it,
and found nothing* in it worth suffering so great loss, they
without any ditiiculty became Catholic Christians. For a
concern for their own safety brought them to understanding-,
who before were grown negligent by securily. Many also,
who were less capable of understanding and judging by
themselves, what was the difference between the error of
the Donatists and the Catholic truth, were induced to follow
the authority and persuasion of so many examples going*
before them. So the true mother received great multitudes
of people into her bosom ag'ain rejoicing, and only an har-
dened company remained obstinate by their unhappy ani-
mosity in that pernicious ^vay• And many of these also
communicated with the Church by a sort of dissin^ulation :
but they, who at first dissembled, afterwards by degrees
accustomins" themselves to the way of the Church, and
liearing the preaching of truth, especially after tlie confe-
rence and disputation which was held between their bishops
and us at Carthage, did at last for the rnjst part correct
their errors also."
This is the account which St. Austin gives both of the
reasons and effects of this penal law, which he frequently*
mentions in other places, carefully collected by Gothofred,
but needless here to be recited. I only observe these few
things upon the whole matter. 1. That though it was
no part of the Church's discipline to use any mnnner of
force to give effect to her censures ; yet in case of obstinate
opposition and contempt *he did not think it unlawful to
lake the assistance of the secular power. 2. That in case
of violence offered to the Church or any of her ministers or
her members, there was still more reason to petition for
defence ag-ainst them. 3. That it was generally thought
' Aug. Ep.68. adJanuar. Doiiatist. Ep. 166. ad Donatistas. Ep. 173. ad
Crispinum DonalUt. Cont. Crescon. lib. iii. cap. 47. Cont. Liter. Petilian-
lib. ii. «ap. 83.
CHAI'. U.] CHRISTIAN OHUUOlf. () J
useful to inflict some luotJerate tcmpoiul punishrnoiifs upun
obstinate heretics, and scliismatics, and other olienders,
(with a liberty of indulg^ing-, and remitting- the penalty, as
prudence directed,) in order tobrino-themto consider and ex-
amine the grounds of truth and error, and humble them by
repentance, and restore them to the communion of the
Church from whence thev Avere fallen.
Sbct. 4. — This Assistance never required to proceed so far, as, for
mere Error, to take away Life, or shed Blood.
But then it is also to be considered, that the Church
never encourag-ed any mag-istrate to proceed further in her
behalf against any one for any mere error, or ecclesiastical
misdemeanour, than to punish the delinquent with a pecu-
niary mulct, or bodily punishment short of death, such as
confiscation or banishment, unless it were in case of capi-
tal crimes, and of a civil nature, which fell directly under
the cognizance of the civil magistrate, as treason or rebel-
lion, which the imperial laws punished with death. There
are indeed some laws in the I'heodosian Code, which order
heretics to be prosecuted with capital punishments. Theo-
dosius,^ made a decree against some of the Manichees,
which went by the name of encratites^ saccopkori, and
hydroparastatce, that they should be punished with death,
at the same time that the solitarii, another sect among
them, should only suffer confiscation. And Honorius re-
newed the same law against them.^ And in two other laws
he ordered the Donatists, in Afiic to be put to death,^ if
they held any public conventicles to the prejudice of the
Catholic faith, revoking all tolerations that had been granted
them before. But as these laws were very rare, so they
' Cod. Theod. lib. xvi. tit. 5. de Haereticis. leg. ix. Suninio supplicio ct
inexplicabili poena jubemus affligi. * Cod. Theod. lib. xvi.
tit. o. de IIa;ret. leg. 35. ' Ibid. leg. 51. Oraculo penitus
remoto, quo ad rifus suos hsereticse superstitiones obrepserant, sciant onines
aanctae Icgis inimici plectendos se pcenft proscriptioiiis et sanguinis, si ultra
convenire per publicum, excerandti sceleris siii lenieritate temptHV''iiiU .
An. ilO. Vid. ibid. Ic-. .5fi.
70 THL: ANTIQUITIKS OK THIi [iJOOK XVI.
may be supposed to be made upon some pavticular provo-
cation of then* enormities, such as the Manichees were
g"uilty of; or their barbarous outrag-es committed against
the Catholics, such as the Circumcellions among" the Dona-
tists every where stand charged with. Then again, it was as
rare to find these laws at anytime put in execution ag'ainst
them. F'or we scarce find an instance before Priscillian
of any heretic suffering" death barely for his opinion. Sozo-
men, speaking" of this law of Theodosius, says,* it was made
more for terror, than execution. And Chrysostom at the
same time delivered his opinion freely, that the tares were
not thus to be rooted out:^ for if heretics were to be put
to death, there would be nothing' but eternal war in the
world. Christ does not prohibit us to restrain heretics, to
stop their mouths, to cut off their liberty, and their meeting's,
and their conspiracies, but only to kill and slay them. St.
Austin seems not to have known any thing' of this law of
Theodosius; and for those of Honorius, they were not yet
enacted against the Donatists, when he wrote against
them. Therefore writing, frequently to the African magis-
trates, he tells them, the law g'ave them no power to put
any Donatist to death. Thus in his letter, to Dulcitius, the
tribune,^ " You," says he, " have not received the power of
the sword against them by any laws, neither by any impe-
rial injunctions, which you are obliged to execute, are you
commanded to put them to death." So he tells Petilian,
the Donatist bishop, " that God had so ordered the matter
in his providence, having- the hearts of kings in his hand,
that though the emperor had made many laws to admonish
and correct them,* yet there was no imperial law which
commanded them to be put to death. The judges indeed
had power to punish malefactors with death, as murderers,
' Sozom. lib. vii. c. \2. ^ Chrys. Horn, xlvii. in Mat. p. 422. Ov yap
Sti uvaipnv u'iixtikov twfi iroXtfioQ aanovloQ i'lQ Tt)v oiKHfitvijv tfitWiv
ilaayiaGai. &c. * AiiE^. Ep. (il . atl Dulcitiam. Noii tu in eos jus pladii ul-
lis legibus accoptisti, aut iin])t'rialibus constilutis, qiuirum tibi injiincla est
execulio, hoc prfficcptiiin est, ut necenlur. * Auji:. cont. literas Petiliani.
lib.ii. cap. 8;^. Multas ad vos conimonendos et coiripiendos Icares ipse con-
stituit: nulla lamen lex rcgia vos jussit occidi.
OIIAl'. II.] CHRISTIAN ClUKCIl 71
and fho like ; atitl so porliaps some of tlio Doimtisfs luiglit
Ruder ; but that was not for their opinion barely. Ami even
in that case, when it was tlie cause of the Church, the Ca-
tholic bishops commonly interceded for them, that the
deaths of their martyrs rni<iht not be revenjicd with blood."
" For no g-ood men in the Catholic Church," says St.
Austin,' " are pleased to have any one, although he be an
heretic, prosecuted unto death," Therefore writing" to one
Donatus, a proconsul in Afric, he tells hirn,'^ " they desired
that the terror of judges and laws might correct them, so
as to preserve them from the punishment of eternal judg-
ment, but not kill them ; that discipline might not be ne-
glected toward them, and yet that they might not undergo
the punishment whicli they really deserved. Therefore
punish their crimes in such manner, as that the authors may
continue in being, to repent of them. We beseech you,
when any cause of the Church comes before you, although
you know the Church to be assaulted and afflicted by their
injurious villanies, yet then forg-et that you have the power
of killing, and do not forget our petition. Let it not seem
vile and contemptible in your eyes, that we, who pray to
God to correct them, intercede with you not to kill them.
Let your prudence also consider this, that no one besides
ecclesiastics is concerned to brinfr ecclesiastical causes
before you; so that if you should resolve to put such cri-
minals to death, who are accused of acting wickedly against
the Church, you will deter us from bringing- any more such
actions before your tribunal : and that will make them
more licentious, and daringly bold to assault us, and work
our ruin, when they know we are under such a necessity, to
chuse rather to be slain by them, than bring* them to be
slain before your tribunals," He pleads after the same
' Cont. Crescon. lib. iii. cap, 50. NuUis tamcn bonis in catholica hoc
placet, si usque ad luortem in quenquain, licet ha;reticuni, sicviatur.
* Aug. Ep. 127, ad Donat. Ex occasibne terribilinni judicum ac leguin
ne in aaterni judicii pocnas incidant, corrigi eos cupinius, non necari ; mc
disciplinam circa cos ncijligri vohuuus, ncc siippliciis quibus digni sunt
cxerceri, &c.
72 THE ANTIQUITIES OF THK [BOOK XVI.
manner in anoth(3r Letter, to Marccllinus,* the tribune, in
behalf of some Donatist?:, who confessed themselves guilty
of murderinii- some of the Catholic clerw-v. " T beseech
you,'' says he, " let their punishment be short of death,
though their crimes be so great, both for our conscience
sake, and to commend the lenity and meekness of the
Catholic Church." A little after he intreats him to inter-
cede in his name to the proconsul for them. " I hear it is
in the power of the judge to mollify the rig-our of the law
in giving- sentence, and to use greater mildness in punish-
ing th.au the laws command. But if he will not at my re-
quest consent to this, let him however grant me this favour,
to keep them in prison till I can send to the emperor, and
obtain of his clemency,'^ that the passions or martyrdoms of
the servants of God, which ought to be g-lorious in the
Church, be not stained and defiled with the blood of their
enemies." He urges the same argument in his next Letter
to this Marcellinus with greater earnestness, conjuring him
by all that is sacred, not to proceed to the utmost extre-
mity against some Circumcellions and Donatist clergy, who
were convicted of murdering- two of his presbyters belong-
ing- to the Church of Hippo, after having' first barbarously
struck out an eye, and cut oft' the finger of one of them. " I
am under the g-realest concern imaginable," says he, '' lest
your highness should decree their puni^^hmont by the utmost
severity of the law, to make them sutfer the same things'
that they have done. Therefore I beseech you in these
letters by the faith which you have in Christ, by the mercy
of the Lord Jesus, that you neither do this, nor sutler it to
be done. F'or though we miaht excuse ourselves from their
death, forasmuch as it was not by any accusation of ours.
' Aupf. Ep. 15S. ad Marcellin. Pofiia sane illorum, quamvls dc tantis
sccU-ribus confi'ssorum, rogo te ut pnetpr supplicium mortis sit et propter
conscicntiaiu nostrani, ct propter catholic-am inaiisiictiuiinein commciulandam.
- Ibid. Hoc dc cleincntifi iniperatoris inipetrare curabiuius, ne passiones
scrvoruin Dei, qua; debenl esse in ecclesifi gloriosse, ininiicoriini sanguine
(lihonestentur. ' -'^I'g'. Ep- ''^9- Sollicitudo niihi maxima
inciissa est, ne forte siibliniitas tiia censcat, eos tanta Ugnin severitate plec-
'entlos, lit qualia fecerunt, taiia patiantur. — Nolumns passiones servorum
Dfi quasi vice lalioni:' paribus suppliciis vindicnri.
r.lWV. 11.] CHRISTIAN CHUKCH. 73
but by tlio information of those who have the caro of pre-
serving- the piiltlic pence, that they were broii<^ht in ques-
tion ; yet we would not have the passions of tlie servants of
God be revenged with the hke punishments, as it were by
wav of retaliation. Not that we are n<>:ainst dcnriviiiir
wicked men of the liberty of committing* such villanous
actions, but because we rather think it siifliclont, without
either killing them, or maiming them in any part of their
body, to bring' them by coercion of the laws, from these mad
and turbulent practices, to live peaceably and soberly, or at
least instead of these wicked works, to engage them in some
useful employment." He yet again more pathetically urges
the same matter to one Apringius, another African judge,'
in these very affectionate and moving" terms, pleading for
mercy toward the same Circumccllions. " I am afraid lest
they, who have committed this murder, should be sentenced
to death by your power. That this may not be done, I
that am a Christian, beseech you the judge, I that am a bi-
shop exhort you that are a Christian. 1 know the Apostle
says, Ye bear not the sword in vain, but are ministers of
God to execute wrath upon them that do evil. But the
cause of the State is one thing, and the cause of the Church
another. The administration of that (the State) is to be
carried on by terror, Vjut the meekness of the Church is to
be commended by her clemency." Then using- several ar-
guments, he adds a little after, " If nothing short of death
could be imposed upon them, for our part we had rather
they should be set at liberty, than that the passions of our
brethren should be revenged by shedding the blood of
their enemies. But now since there is room both to shew
the gentleness of the Church, and also to restrain the au-
daciousness of the cruel, why should you not incline to the
more provident side and milder sentence, which judges
have liberty to do even in causes where the Church is not
concerned? Therefore stand in awe with us of the judgment
of God the Father, and demonstrate the clemency of the
Church your mother. For what you do, the Church does
' Aujj. Ep. IHO. art Apringium.
74 THE ANTIQUITIES OP THK [BOOK XVI.
for whose sake you do it, and whose you are that do it.
Therefore contend and vie g-oodness with the evil. They
by monstrous inhumanity and wickedness tear cfFthe m.em-
bers from the Uving- body : do you in mercy cause their
members, which were exercised in such barbarous works,
to remain whole and untouched in them, that they may
henceforth serve to work at some useful labour. They
spared not the servants of God preaching- reformation to
them, but do you spare them that have been apprehended
in their crimes, spare them that have been presented to
your examination, spare them that have been convicted be-
fore you. They with the sword of unrighteousness shed
Christian blood : do you withhold even the lawful SAVord of
judcment from beino- imbrued in their blood. Thev slew
the minister of the Church, and thereby deprived him of the
time of livino" •' do vou let the enemies of the Church live,
and thereby grant them a time of repenting*. Thus it be-
comes a Christian judge to act in the cause of the Church,
at our request, at our admonition, at our intercession.
Other men are wont to appeal from the mildness of the
sentence, when their enemies are too favourably dealt with
upon conviction : but we so love our enemies, that if we
did not presume upon your Christian obedience, we should
appeal from the severity of your sentence."
After this manner St. Austin always pleads for favour to
be shewn to the Donatists, that they should not be prose-
cuted unto blood, in the cause of the Church, thouirh it
were for a capital crime, which in a civil case would infal-
libly have been punished with death without redemption.
And certainly they, who were so tender of their enemies'
lives, when they were guilty of such flagrant crimes of
violent outrages against the Church, could never think it
lawful to sentence them to death for mere error in opinion.
And th(;reforo, though Honorius made some such laws,
after St. Austin had written all this; yet we never Hnd the
Church approved them, or desired they should be put in
execution : but on the contrary always stood firm to her
own character, which wc have heard before in the words of
St. Austin: that is, that no g"ood men in the Catholic
Church ^^ore pleased \\\\\\ havin;;- heretic^ prosecuted
0HA1'. 11. ] CHRISTIAN CHURCH. 7.";
unto doatli. Lesser punishments, they thoug-lit, mig-ht
have their use, as means sometimes to bring them to
consideration and repentance : but to take away their
lives was to deprive them at once of all means and
opportunity of repenting. Besides that it was invidious
to the Church, and rather a confirmation to heresy : for
such as were shvin, were always reckoned martyrs \)y their
party. Thus the Donatists honoured their Circnmceilions,
which were slain in the encounter with Macarius, whom
the Emperor Constans sent into Afric in a peaceable manner
to scatter his gifts among- them, and try to reduce them to
unity by his kindness : they were the ag-g-ressors, and forced
him to require aid of the governors to defend himself against
their assaults, a nd yet those, that were slain in such necessa-
ry defence, were by them reputed martyrs and the Catholics
were nick-named Macarians, and these called the Macarian
days, that is, in their language, days of persecution. And
in answer to this, Optatus was forced to tell them, first, that
the fact was false : no violence w^as used toward them ;
there was no terror in the first desig'n ; they neither felt rod
nor imprisonment ; but only exhortations to peace.* And
secondly, if any violence was offered to them, they called
it upon themselves by their own insolency, obliging- the
emperor's officer or almoner to defend himself ag'ainst the
rude insults of the Circnmceilions. Meanwhile whatever
happened, was neither done by the desire, nor the counsel,
nor the knowledge, nor the concurrence of the Church. A
like instance happened in the case of the Priscillianists.
Priscillian and some of his accomplices, were by Maximus
the Emperor, at the instigation of Ithacius, a fierce and
sanguinary bishop, sentenced unto death. This gave occa-
sion to the followers of Priscillian to triumph in the sufferings
of their leader. For as Sulpicius Severus observes,^ his
' Optat. lib. iii. p. 62. Nullus erat primitus terror. Nemo vidcrat vir-
gam; nemo ciistodiam : sola fuerant hortamenta. &c. Et tamen horum om-
nium nihil acUun est cum vote nostro, nihil cum consilio, nihil cum consci-
cntia, nihil cum opere.
' Sever. Hist. lib. ii. p. 1-20. Priscilliano occiso, non solum non repres-
sa est Hsercsis, quae illo authore proruperal, sed confirmatn, latius propa-
76 THE ANTIQUITIKS OF THK [bOOK XVI.
death was so far from suppressing the heresy, that it g-ave
confirmation to it, and rnado it spread further than other-
wise it would have done. For his followers, who before
honoured him as a saint, afterwards began to reverence him
as a martyr. The thing was utterly displeasing to all good
men, who were interested and attached to the Ithacian party,
St. Martin, bishop of Tours, not only rebuked Ithacius for
his over zealous prosecution,* but interceded with Maximus
the Emperor to abstain from shedding their blood, telling
him, it was enough to expel heretics from their Churches,
after they were once condemned by the episcopal judgment :
and he obtained a promise of Maximus, not to decree any
thing against their lives. From which when he departed
by the persuasicn of others, and condemned them to death,
St. Martin, would never after be induced to communicate
with those sanguinary men, save once in a small matter, of
which he also repented, and continued his aversion to them
all his days, as the same historian informs us.* Now from
all this it is plain, that whatever flxvour or assistance the
ancient Church required of the civil magistrates, to back
her discipline with, against heretics or other delinquents,
she never desired them to unsheath the sword in her cause,
or punish them with death ; but always interposed in their
behalf, that they might have the favour to live and repent,
if ever any sanguinary laws, which were very rare, and no-
ways encouraged or approved by the Church, were made
against them. The discipline of fire and faggot, and inqui-
sitions, and a thousand othertorturos, which under pretence
of mercy has spilt so much Christian blood, are inventions
of later ages, and more corrupt and degenerate times, when
men had forgot the spirit of Christianity, and the character
of our blessed Lord, who " came not to destroy men's lives,
but to save them."
gata est. Nam(|ue setcatores ejus, qui eum priiis ut sanctum honoraverant,
postea ut martyreni colcre coeperunt.
' Sever. Hist. lib. ii. p. 119. Xon desinebat increpare Ilhacium, ut ab
accusationedesisteret : Alaximuin oiaie, ut sansruine infeliciuin abslineret :
.satis .superque sufficeic, ut rpiscopali scntcntifl. hseretici judicati pccleniis
pelleronlur, ^r. ' Sever, dial. iii. n. 15.
CHAP. 11. J CHRISTIAN CHLIKCH. 77
Sect. 6. — The Discipline of the Church deprived m) Man of his natural
or civil Rights ; much less the Magislrati' of his Power, or AUpgiance
due to him.
It was no part of the ancient discipline to deprive men
of their naturul or civil rio'hts. A master did not Ios.e his
natural authority over his family, nor a parent over his chil-
dren, by losing- the privileg'es of Christian communion. A
judg-e did not lose his office or charg-e in the state, by being-
cast out of the Church. For many such enjoyed their power
andjurisdiction under Constantius and other heretical princes,
notwithstanding" the Church's censure. Though now it is
the common doctrine of the Romish Church, as Cardinal
Tolet^ delivers it for the instruction of priests, that an ex-
communicated person cannot exercise any act of jurisdiction
without sin ; nay, and if his excommunication be made public,
all his sentences are null and of no efl'ect. This rule is
desig-ned ag'ainst sovereign powers, to weaken the hands
of princes by displacing- their officers, under pretence of
excommunication. But the Church of Rome goes further
and puts it in the power of the Pope to lay princes under
the highest excommunication or anathema, and then by
virtue of that to depose them from their thrones, and absolve
subjects from their allegiance, and dispose of their king-
doms to whom they think fit. Of which practice there is
not the least footstep in all the discipline of the primitive
Church for many ages, nor scarce any unquestionable in-
stance of such an attempt before the time of Pope Hllde-
brand, or Gregory VII. (from whom this doctrine is called
the Hlldebrandin doctrine,) as some of their own historians
ing'enuously confess. " I have read over and over again,"
says Oiho Frisingensis,^ a noble German bishop, " the
' Tolet. de Instruct. Sacerdot. lib. i. cap. iii. Excoinmunicalus non
potest exercere actum jurisdictionis absque peccato : imo si publica est ex-
communicatio facta, scntentite nulljc sunt. Vid. du Moulin's Buckler of Faith,
p. 370. Et Decretal. Gregor. lib. ii. tit. xxvii. de sententia el Re Judic.
cap. xxiv. * Olho Frising. lib. vi. cap. 35. Lei^o et re-
lego Romanorum regum etimperatorura gesta, et nusquam invenio quenquam
eorura ante hunc k Romano pontifice excommunicatum, vel regno privatum.
78 TUli: ANTIQUITIES OF THE [boOK XVI.
records of the Roman kings and emperors, and f no where
find that any of them before this was excommunicated, or
deprived of his kingdom by the bisliop of Rome ; unless
any one think fit to call that anathematizing, when Philip,
the Emperor, was placed among* the penitents for a little
time by the Roman bishop ; or when Thcodosius for his
cruel slaughter of the Thessalonians, was debarred from
entering* the Church by St. Ambrose." There is no ques-
tion but that princes anciently were sometimes denied the
communion, as St. Ambrose denied Theodosius: but as
that was not properly putting them under the great excom-
munication, or anathema, so much less was it de[»riving
them of their legal power and dominion, Con'^tantius was
an heretic, and Julian an apostate; \alens and Valentinian
the younger were {)rofessed Arians ; Anastasius and many
others, abettors and propug-ners of several heresies; vet
the Church never pretended to withdraw her allegiance from
them, or depose them: neither was this for want of power,
as Bellarmin and others commonly pretend, but for want
of just authority and right : for the Church in those days
knew nothing either of a direct or indirect power, that the
Pope or any other bishop had over the temporal rights of
princes ; but professed obedience to them, whether they
were heathens, or heretics ; in the Church, or out of the
Church ; persecutors, or friends : as the reader, that plea-
ses, may see more fully demonstrated in the elaborate work
of our learned Bishop Buekridge, in defence of Barclay
against Bellarmin,* concerning the pretended power of the
Pope in temporals, and his usurpation of a right to dethrone
princes. Where among many other unanswerable argu-
ments, he confirms the forementioned observation of Otho
Frisingensis, that Hildebrand was the first that put this
wicked doctrine in practice against the Emperor Henry IV.
nisi quis forte pro anathemate habendum ducat, quod Philippus ad breve
temijus a Romano episcopo inter poenitentes collocatus: et Theodosius il
Beato Ambrosio propter cruentam csedem k limiiiibus ecclesiae sequss-
tratus sit.
' Joan. Roffensis, de Polestate Papee in rebus Temporal ibus, &c. Lend.
1684, lib. ii. cap. 10.
CMAP. II.] rmUSTIA?* CHURCH. T'J
from the concurrent testimony of almost twenty writers of
the Roman communion. I shall pursue this matter no fur-
ther liere, having- said what is sufficient to confirm this
remark al)out the discipline of the Church, that it deprived
no man of liis natural or civil rights, much less g-ave any
one autiiority to dethrone princes, or absolve subjects from
their allegiance, or dispose of their king-doms under pre-
tence of setting" up the spiritual sword above the temporal.
Sect. 6. — But consisted 1st. in Admonition of the Offender.
But the discipline of the Church, being a mere' spiritual
power, was confined to these following- acts. First, the
admonition of the ofiender ; which was solemnly repeated
once or twice commonly, before they proceeded to greater
severities, according to that of the Apostle : " A man
that is an heretic, after the first and second admonition
reject."" After this manner St. Ambrose' represents their
proceedings : " A putrified member of the body is never
cut off but with grief: we try a long time, whether it
cannot be healed with medicines ; if not, then a g'ood phy-
sician cuts it off. Such is the affection of a good bishop;
he is very desirous first to heal the infirm, to put a stop
to growing ulcers, to burn and sear a little, and not cut off:
at last he cuts off with grief what cannot be healed." So
Prosper says,^ " They that being long- endured, and often
kindly admonished, will not be corrected, are cut off' as
putrified members with the sword of excommunication."
And thus Synesius represents his own proceedings against
Andronicus, the tyrannical governor of Ptolemais, who made
use of his power only to oppress and vex the people. He
first tried whether admonitions and remonstrances against
* Ambros. de Offic. lib. ii. cap. 27. Cum dolore amputaftur etiam quae
putruit pars corporis, et diu tractatur si potest sanari medicamentis : si noa
potest, tunc k medico bono absciiulitur. Sic episcopi affectus boni est, ut
oportet sanare infirmos, serpentia auferre uicera, adurere aliqua, non ab-
scindere: Postremo quod sanari non potest, cum dolore abscindere.
' Prosper, de Vit Contemplat. lib. ii. cap. 7. Qui diu portati et salubriter
objurgfati, corrigi noluerint, tanquara putres corporis partes debent ferro
excommunicationis abscindi.
80 THE ANTIQUITIES OF THE [bOOK XVI.
his cruelty' would work upon him : but whou they proved
JnefFeetual, and the man g-rew more outrageous and incorri-
g-ible, breaking" out into that blasphemous expression, that
in vain did any man hope for succour from the Cliurch, and
that no man should escape his hands, ahhough belaid hoKl
of the foot of Christ himself: after this, says Synesius,^
" he was no longer to be admonished, but cut off as an
incurable member, for fear the sound parts should be cor-
rupted by his society and contagion." And so he proceeded
to pronoutice that formal excommunication against him,
which we shall hear more of by and by.
Sect. 7. — 2dly, In Suspension from tlie Communion called the Lesser
Exconiniuication.
Some call this the Upo^ecr^ia, the learning ^^ or time given
them to repent, which was limited sometimes to the space
of ten days:* after which if they continued obstinate and
refractory, the Church proceeded to greater severities, to
deny them communion by the lesser or greater excommuni-
cation. The lesser excommunication was commonly called,
^AipopKTiJiOQ, separation or suspension ,• and it consisted in
excluding men from the participation of the eucharisr, and
prayers of the f;iithful ; but did not expel them the Church,
for still they might stny to hear the psalmody, and reading
of the Scriptures, and the sermon, and the prayer of the
catechumens and the penitents, and then depart w ith them,
when that first service, called, the service of the catechu-
mens, was ended. Theodoret expressly distinguishes this
lesser excommunication from the greater, when speaking
of some, who had lapsed into sin rather by infirmity
than maliciousness, he says,* they should be debarred
from partaking' of the holy mysteries, but not debarred
' Synes. Ep. Ivii. ' Synes. Ep. Iviii. p. 199. Ovwri
VH^ir'ioq 6 dp^ooiTTog, dW Hxnrtp fi'sXoc avtarioQ ix°*'i aTroKoirrtoC- &c.
' Habert. Archieratic. p. 739. Epist. Joan. Autioch. ad Nestorium.
* Celestin. Ep. ad Nestor. * Theod. Ep. l.xxvii. ad Eu-
lalium. torn. iii. p. 947. KojXvkv^uKTav fiiv TtJQ fitra\t)\l/t(oQ, TUv'ttpiLv /ti/yij-
ptbiv, fir) KcoXviff^uaav Si rfji tuiv rarij^ff**''^'' f^x^C* &c«
CHAP. II. J CHRISTIAN CHlJRCri. 81
from tlio prayers or servico of the catochutnons. And
thus wo are to understand that canon of Gregory Thaurna-
tnrg'us,' which orders such to be excommunicated from
prayers, as detained the g-oods of their brethren, (which
they had lost in the invasion of the barbarians) under
pretence of having* found ihem. Prayers there, means
the prayers of tfic faithful at the altar, or the commu-
nion-service, from whicl) they were suspended, and not
the })rayers of tlie catechumens, at which they might be
present, notvvithstandiiig- their suspension from the other.
So that this was a io\ver degree of punishment, exchiding-
them in part only from the society of the faitliful, that is,
from the common prayers and the eucharist, but not
totally expeihng- them the Church. And it was com-
monly inflicted for lesser crimes ; or if for g-reater, upon
such sinners only as shewed immediately a ready disposition
to submit to the laws of repentance: there being- some-
thing- in their forwardness to entitle them to a more
favourable sentence. The Council of Eliberis^ orders
this sort of abstention from the eucharist for three
weeks to be inflicted on those, who, without any necessary
avocation, neglected to come to Church for three Lord's
days together. And in another canon suspends such
women for a year,^ as were guilty of ante-nuptial
fornication ; ordering- them to be received ao-ain without
public penance, provided they were married to the persons
by whom they were defiled, living- chastely with them for
the future. Albaspiny here rig-htly observes, that this uas
only depriving- them of the eucharist, for they were neither
expelled the Church, nor obliged to go through any of the
stag-es of public penance, but might pray with the cate-
chumens, and with the faithful also ; only they were not
' Greg. Thaumatuig. can. v. ovg £tl tKK))()v'Cai tuiv (vxwv. Vid. Con.
llerdens. can. iv. et. v.
^ Con. Eliber. can. xxi. Si quis in civitatt- posltus, tres rtominicas ad
ecclesiam non accesserit. tanto tcmjiore abstincal, ul conej)tus esse vidcafur.
•^ Ibid. can. xiv. Virgines, qua; virginitatein suain non custodierint, si
eosdem qui cas violaveiint, duxerint et tcnuerint; eo quod solas nuptias
violaverint, post annum sine ponnitentiii leconoiliari del)ebunt. Vid.
Albaspin. in Loc.
VOL. VI. G
82 THE ANTIQUITIES OF THE [BOOK XVf,
alloued to participate of ll;o holy mysteries till their term
was expired, and therein their punishment consisted. St.
Basil s canons speak oi' tlie same punishment for trigamists,
or persons that were married a third time.' They were to be
under penance lor five years ; half the time to be hearers
only, and half the time co-standers: that is, they mig-ht stay
to hear the prayers of the faithful, but not partake of the
communion with them. So that here were two decrees of
this lesser excommunication ; tlie one excluding- them only
bom the eucharist, but allowing them to pray with the faith-
ful ; and the other excluding tliem from the prayers of the
faithful, and only allowing them to pray with the catechu-
mens ; but neither of them expelling such delinquents
totally from the communion of the Church.
Sect. 8. — 3dly. In Expulsion from the Church, called the Greater Excom-
munication, total Separation, Anathema, and the like.
The greater excommunication was, when men were
totally expelled the Church, and separated from all com-
munion in holy offices with her. Whence in the ancient
canons it is distinguished by the names of Ilai'TfXjjc 'Afpopia-
^(oc, the fotal separation, and Anathema, the curse: it
being the greatest curse that could be laid upon man. It
is frequently also signified by the several terms and phrases
of, ^AirtipjtaOcu TJjc fcicicXijcrtaC} ^ATroKXiUaOca and 'FiirTeaOai
TrJc iKK\i]aiag, 'Ektoc tivm Y^KKtovrTiauai rij^- avvoba,
'A7rt7(Jsni Tiig uV-pooafwc,'. &c. All which denote men's being"
wholly cast out of the Church, by the most formal excom-
munication, and debarred uot onlv from the eucharist, but
from the prayers, and hearing the Scriptures in any assem-
bly of the Church. This fortn is elegantly expressed by
Synesius with all the appendages and consequents of it,
in his excommunication of Andronicus, mentioned before,
in these words: " now that the man is no longer to be ad-
monished, but cut oft" as an incurable member, the Church of
Ptolemais makes this declaration,* or injunction to all her
' Bnsil. can. iv. ' Syncs, Ep. Iviii. p. 199.
CHAP. II.] ClIKISTIAN CHURCH. 83
sister Chmchos thiou<^hout the worltl : lot no Church of
God he open to Androiiicus ond liis accomplices; to Thoas
and Jiis aeconjplices ; but let every sacred temple and
sanctuary bo shut against them. The devil has no part in
paradise; though he privily creep in, he is driven out again.
I therefore admonish both private men and magistrates,
neither to receive them under their roof, nor to their table •
and priests more especially, that they neither converse with
them living, nor attend their funerals when dead. And if
any one despise this Church, as being only a small city, and
receive those that are excommunicated by her, as if there
was no necessity of observing the rules of a poor Church •
let them know, that they divide the Church by schism
which Christ would have to be one. And whoever does so
whether he be Levite, presbyter, or bishop, shall be ranked
in the same class with Andronicus: we will neither o-ive
ihem the right hand of fellowship, nor eat at the same table
with them ; and much less will we communicate in the
sacred mysteries with them, wlio chuse^ to have part with
Andronicus and Thoas." I have recited this whole form,
not only because it is curiously drawn up by an excellent
pen, but also because it opens the way into the further
knowledge of the discipline of the Church, i'or here we
may observe four things, as concomitants, or immediate con-
sequents of this greater excommunication. 1. Thatcastino-
out of the Church, is represented under the image of casting-
out of Paradise, and paralleled with it, in the form of ex-
communication. 2. That as soon as any one was struck out
of the list of his own Church, notice was given thereof to
the neighbouring Churches, and sometimes to the Churches
over all the world, that all Churches might confirm and
ratify this act of discipline, by refusing to admit such an
one to their communion. Forasmuch as that 3. he that was
legally excommunicated in one Church, was by the laws of
Catholic unity, and rules of right discipline, to be held ex-
communicate in all Churches, till ho had given just and
reasonable satisfaction : and for any Church to receive such
an one into her communion, was so great an offence, as to
be thought to deserve the same punishment with the Wend-
ing criminal. 4. That when men were thus excommuni-
2 G
S4 TflE ANTIQUITIES OF THK [BOOK XVI.
c;itcilj tliey were not only oxchuicd from communion in
sacred tiling's, but shunned and avoided in civil conversation
as dangerous and infected pcMSons. All these thing's are
evident from this single passage of Synesius; but because
the knou led"e of the manner of exercisin^i' ecclesiastical
discipline, depends upon tlie truth of them, it will not be
j'.iiiiss a little more distinctly to explain and confirm them.
First then, 1 observe, that casting oMt of the Church, is
here represented under the image of J^iradise, and
paralleled with it in tlie form of excommunication. And so
it is said by St. Jerom,* " that sinners transgress the
covenant of God in the Church, as Adam did in Paradise :
and shew themselves followers of their first father, that tliey
may be cast out of the Church, as he was out of Paradise/'
In like manner St. Austin, speaking- of Adam's expulsion
out of Paradise,^ says, " it was a sort of excommunication:
as now in our Paradise, that is, the Church, men by ec-
clesiastical discipline are removed from the visible sacra-
ments of the altar." And Epii)hanius notes the same
custom,^ as more nicely observed by the sect of the
Adamians ; for if any one was taken in a crime, they would
not svdfer him to come into their assembly, but called him
Adarn, the cater of the forbidden fruit, and adjudged him
to be expelled, as out of Paradise, that is, their Church. So
that this was a common form or phrase both in the disci-
pline of heretics and the Church.
Sect. 9. — Tliis Sort of Excommunication was coninionly notified to
all oilier Churches.
Secondly, I observe, that as soon as any one was in this
manner excommunicated by any Church, notice thereof was
' llition. ('oni. in Hoseam. cap. vi. PrjEvaricati sunt pactum Dei in ec-
ili'sifi, sicut y\(l;uii prievaricatiis est in paradiso: et iniitatores so aiifi(|ui
parentis ostciulunt, ut qimnioilo ille de Paradiso, sic et isti cjiciantur de
t'cclesin. * Aug. de Genesi ad Literam. lib. ii. cap. xl. torn. iii.
p. 27.*^. Alionandus erat, tanquam exeonnnunicatus. Sicut etiam in hoc
Ptiradiso, id est, ecclesiri, soleiil ;\ sacraiiuMilis altaris visibilibus iionnncs
disripliufi pcdesiaslicfi rin?o\eri. ^ Kpiphan. ]\vc\. Iii.
CHAP. II.] ClIKISTIAN CIHiUril. o'i
ooniinuiily given (o otluM- Cliurolios, aii*I somcliMujs hy
lircular letters to all etniuent Clnirches over all (Im- world,
that all Climelios might continu ami ratily this iul of disci-
[)liue, by refusing to admit such an one to their coiamuniu.!.
To ihis purpose we find a tanon in the first Cuuncii oi
Toledo/ " that if any powerful man oppress and spoil a
clerk, or a poor man, or one of a religious life, and a
bishop sun)mon him before him, to have a trial, and he re-
fuses to obey the summons; in that case he shall give
notice by letter to all the bishops of the province, and to
as many as possibly he can, that such an one be held ex-
communicate, till he obediently submits, and makes resti-
tution." This was usually most punctually observed in the
case of heretics and their condemnation. For so the
historians tell us,^ when Alexander, bishop of Alexandria,
had deposed and anathematised Alius, lie sent his circular
letters to all Churches, giving an account of his proceedings
against him. And this was the constant practice in all
Councils, to send about their synoilical letters, to signify
what heretics they condemned, that all Churches might be
apprised of their errors, and refuse their communion to the
authors of them. And thus every bishop was careful to
inform his brethren and neio-hbouring Churches, whenever
he had occasion to use this severe punishment against any
oflender. Thus St. Austin having deposed Victorinus, an
aged subdeacon, and expelled him the Churcb, because he
was found hypocritically in private to have propagated the
abominable heresies of the Manichees, writes to Deuterius,
one of his fellow bishops, and tells hiin,^ he did not think it
sufiicient to have used this congruous ecclesiastical severity
' Con. Tolet. 5. can. 11. Si (juis de jiotcntibus clericuiii, iuit queuilibft
paupercin, aut rt'ligiosum cxpoliavoril, ct iiiaiidavi'rit euni ad so venire
t'piscopiis lit audiatur, ft is conti-mpsi'iil; invicem iriox sciipta piM-curriinl
per oinnes proviiicia; ei)iscopos, ct quoscunque adirc potueiiiU, ut excoiii-
inunicalus habeatur ipse, donee obedial et reddat aliciia.
' Socrat. lib. i. cap. 6. Tlieod. lib. i. cap. 4.. * Aug. Ep. Ixxiv.
ad Deuterium. Ejus (ictionem sub Cleiici specie veheineuter exhonui^
euin(|ueeoei-e\liini pellenduiii de civitate curavi : iiec-niihi hoc satis fuit, nisi
ft tuSD sfiuclitali euui meislileris iiilimareui, ut a clericoruin gradu coiigrue
ecclesiastica severilate dejcctus, cavciidus oniiiibus iniiolescat.
86 THE ANTIQUITIKS OF THK [bOOK XVI.
against him, unless he also gave intimation of what he had
done against him, that evevy one being well apprised, might
know how to be aware of him.
Sect. 10. — After v.hich lio tliat was excommunicated in one Church, was
iield excommunicate in all Churches.
Then, thirdly, whoever was thus excommunicated in one
Church, was held e.vcommunicate in all Churches. For
such was the perfect harmony and agTecment of the Catho-
lic Church, that every Church was readv to ratify and
confirm all acts of discipline exercised upon delinquents in
auy other Church: so that he, who was legally excomnmni-
cated in one Church, was by the laws of Catholic unity
and rules of right discipline held excommunicate in all
Churches ; and no Church could or would receive him into
communion, before he had given satisfaction to tlie Church
whereof he was a member : and to do otherwise, was to
incur the same penalty that was inflicted upon the offending
party. I have given some evidence of this before,' in
speaking of the unity of the Church: and here I shall a
little further confirm it, to show the exactness of the
ancient Church in the administration of discipline, both
from her laws and practice. Her laws are altogether uni-
form upon this point, and run universally in this tenour, that
no person excomrmiiiicated in one Church, should be re-
ceived in another, except it were by the authority of a legal
synod, to which there lay a just appeal, and which was al-
lowed to judge in the case. There are two canons among
those called Apostolical to this purpose. " If any presbyter
or deacon is suspended from communion by his bishop,'^ he
shall not be received by any other but the bishop that sus-
pended him, except in case the bishop chance to die that
suspended him." And again,^ " If any clergyman or
layman, who is cast out of the Church, be received in
another city without commendatory letters, both he that
' fhap. 1. bcct. n. - Canon. Apost. \.\.\ii. ' Ibid,
c^^n. xiii.
rilAi'. II.J ( MKISriAN CIIDKCH. ^7
received liim,}uul he that is so receiveil, shull \)v cist out dC
conimuiiion." The Council ot" Nice is su|)[)osed to rcli-r lo
these ancient canons, vvlieti it says,' " (lie rule shall stand
g'ood accoidin*;- to the canon, which says, he that is cast
out by one l)isho|), shall not be received by another: l)ut
synods shall be iield twice a year to examine, whether any one
person was excomrnnnicateil unjustly by the hasty passion,
or contention, or any such irreg-ular coniniofion ot" his
bishop ; and if it ap[)ear that ho was excomninnicated with
reason, he shall be hehl excomniiinicate by all of Ikm' bishops,
till the synod thinks lit to shew him tkvonr." The Council
of Antioch not lon"f alter renewed this cunon,'^ " ]1" any
one is excommunicated by his own bishop, he shall not be
received by any other but the bishop that excommunicated
him, unless upon appeal to the synod he give satisfaction,
and receive another sentence from the synod." The learned
reader may find many other canons to the same purpose in
the Councils of Eliberis,^ and ISardica,* and Milevis,'' and
the first of Arles,*^ and Turin,' and Saragossa,^ which all
run in the same tenour, and need not here be repeated. It
was by this rule and principle that Cornelius refused to
admit Felicissimus to communion at Rome,^ because he
had been excommunicated by Cyprian at Carthage. And
for the same reason Marcion, as had been noted before,
could find no rece{)tion among- the Roman clergy, because
he was excommunicated by his own father and had oiven
no satislactiou to him, as Epiphanius relates the story.'"
St. Austin likewise writing- to one Quintian," who lay under
the censure of his bishop, tells him, that if he came to him,
not conununicating- with his own bishop, he could not be
received to conununion with him. Nay, he had such a re-
g-ard for this rule of discipline, that if a Donatist, that was
' ^'^i- Nic. can. v. « Con. Antioch, can. vi.
'■" Con. Eliber. can. liii. * Con. Sanlic. can. xiii.
•' Con. Milevit. can. xviii. e Con. Art-lat. i. can. 10.
' Con. Turin, can. iv. et vi. s Coij. Ctcsaiaui.ust. can. v.
" Viil. Cypr. l-^j.. Iv. al. lix. ad Cornel, p. 1-26. 'o Kpi|,|iiui.
"'.'^'■- ^'"- " -^i'.^- J-^l*. cxxxv. Si ad nos venires, VI niTabili
episcopo non coninumiciuis, iiec apitd nos posses connniiiiieare.
88 THK ANTIQUITIES OV THE [BOOK XVI.
under censure among- bis own bishops, pretended to come
over to the Ciitholic Church,' lie would not receive him
witliout first obliging- him to do the same penance that he
should have done, had he stayed among- them. And he
greatly complains of the Donatist bishops, as dissolving- all
the bands of discipline, whilst they encouraged the greatest
criminals, wlio were under discipline for their ill lives in the
Church, to come over to them, where they might escape
doing penance, under pretence of receiving- a new baptistn :
and then, as if they were renewed and sanctified, though
they were really made worse under pretence of new grace,
they could insult the discipline of the Church, from which
they fled, to the highest degree of sacrilegious madness. He
gives an instance in one, who being- used to beat his
mother, and threatening- to kill her, was in danger of tailing-
under the discipline of the Church for these his insolent
and unnatural cruelties ; to avoid this, ho goes over to the
Donatists, who witliout any more ado rebaptise him in his
madness,- and put him on the white garment, or albc of
baptism, whilst he was fuming arid thirsting- after his
mother's blood. So this man, who was meditating- murder
ne-ainst his own mother, was bv this means advanceil to an
eminent and conspicuous place within the chancel, and set
as a sanctified creature before the eyes of all, who could
not look upon him but vvith sighing and mourning-. The
truth is, this was a very scandalous practice in the
Donatists, done purely to strengthen their party: and no-
thing- has done more mischief to the Church, or more
' Aug. Ep. cxlix. ad Eiisi-b. Ego istuin niodiiin seivo, utqiiisquis apiid
cos proptiT disciplinam degradatiis ad Catholicam transire voluciit. in
huini!iatinne jiopiiitentiiE recipiatur, quo ct ipsi eiim forsilan cogcreiit, si
apud eos maiiorc voluissct. Ab eisvero considera, (jiiiuso re, (|uaiii execra-
biliterfiat, ut quos male viventes ccclesiasticfi discipliiiri corripiniiis, per-
siiadcaUir cis ut ad altcnim lavacruin veniant — <li'iii<le quasi rt'iiovati ft quasi
saiictificati, discipliiiic, quain ferie non potucrunt, ditcriorfs facti sub
specie novae gratia;, sacrilogio novi luroris insultent.
^ Aug. Ep. cixviii. ad t-undeni. Transit ad partem Doniiti, rebaptizatur
furens, ft iu inaternum sanguineni frenieiis albis \estiljus randidatur. Con-
stituilur intra canccllos c*mincns et conspicuus, ol omnium gt'mcntium oculis
niatricidii nii'dilalor lanquani rriio\atus opponilur.
OlIAl'. 11. J CHRISTIAN CHUKCll. tii)
enervated (Ik; [)0\vor of ccclesiasticiil discipline, than the
receiving* ol" scandalous sinners, \vho fly from justice and
the censures of the Church, into other communions, and
their protecting- and even caressing' them as saints, who
oug'ht to have been punished as the greatest criminals.
Upon this account the Church went as far as possibly she
could, in making- severe laws to discourage this practice;
inflicting the same penalty upon any one that received an
excommunicate person into public or private communion,
as the excommunicated person himself was liable to. Thus
in the Council of Antioch one canon says,^ "If any bishop,
presbyter, or deacon communicate with an excommunicated
person, he himself shall be excommunicated, as one that
confounds the order of the Church." Another,^ " If any
bishop receives a presbyter or deacon, deposed for contu-
macy by his own bishop, he shall be censured by a synod,
as one that dissolves the laws of the Churcli." And a
third canon says,^ " If any bishop deposed by a synod, or
presbyter or deacon deposed by their own bishop, presume
to officiate in any part of divine service; they shall not
only be incapable of being- restored, but all that communi-
cate with them shall be cast out of the Church ; especially
if they do so, after they know that sentence was pronounced
against them.". In like manner the first Council of Orange,*
" If any bishop presumes to communicate with one that is
excommunicate, knowing- him to be so, without his being-
reconciled to the bishop by whom he was excommunicated,
he shall be treated as a guilty person." Tire second Council
of Carthage says more expressly,* " That a bishop, presby-
ter, or deacon, who receives those into communion, who
were deservedly cast out of the Church for their crimes,
shall be held guilty of the same crimes with them." The
' Con. Antioch. can. ii. * Ibid. can. iv.
^ Ibid. can. v. see also can. i.
* Con. Arausican. can. xi. Placuit in roatmn venire cpiscopuni, qui ad-
uionitus de excomnninicatione cujusquain, sine reconoiliatione ejus ([iii euni
excomuiunicavit, ei communicare praesumpserit. ' Con. Caith. ii.
can, 7. Placuit ut tiui nierito fucinorum suoruin ab ecdi^siJi piilsi snnl, si
ab aliquo t-piscopo, vcl preshj ino, vd cleiico fuirinl in connnunionyni
susccpli, etiam ipse pari cum eiscriniinc tcneatur obnoxius.
90 THE ANTIQUITIES OF THE [bOOK XVI.
fouitli Cuinicil of Cartilage declares universally,' " who-
ever he be, clergyman or layman, that communicates w ith
an excommunicate person, shall himself be excommuni-
cated.'' St. Basil.s words are very remarkable to an
offender whom he threatened to excommunicato.^ " Thou
shalt be an anathema to all the people, and whoever
receives thee, shall be excommunicate in all Churches."
The like may be read in the Apostolical Canons,^ to which
the ancient Councils so often refer as the standing rule of
discipline, " If any clerg-yman or layman, who is cast out
of the Church, be received in another city without com-
mendatory letters, both he that receives him. and he that is
so received, siiall be cast out of communion." Which
answers an objection that mig'ht be raised in the case, viz.
what if a bishop knew not by any formal intimation that
such or such a person was excommunicate, and so through
ignorance received him ? To this it is here answered, that
this did not excuse him, because he ouolit bv the rule of
Catholic commerce to receive no strano-er to communion,
that did not bring commendatory letters, or testimonials,
from his own bishop, that he was in the communion of the
Church. If any travelled without these, he was to be sus-
pected as an excommunicated person, and accordingly
treated as one under censure. But what, if. a person was
unjustly excommunicated by his own Ijishop? might not
another bishop do him justice, by relaxing his unlawful
bonds, and admit him to communion 1 I answer, no: for
in this case the Church provided another more proper
remedy, that every man should have liberty to appeal from
the sentence of his own bisho}) to a provincial synod, which
was by the canons of Nice,* and others appointed to be
held twice a year for this very purpose, that if any one was
Con. Cartli. iv. can. 73. Qui conimunicaverit vel oravprit cum excoin-
niunicato, sivc clericus, sive laicus, exconinuinicetur.
' Basil, can. Ixxxix. » Canon. Apost. can. xiii. Vid. Isiilor
IMus. lib. iii. i-p. 250. ' Vid. Con. Nic. can. v. Con'.
Anliorh. can. \\. Hardic. c. xvii. Caiilia^'. ii. can. S. ct l(». Con. .Milivil.
can. xxii. Cailii.ijDt. iii. can. S. Vascnsr. v. a. Vcncliciiin. c. ix. Ausj
V.y. cxxxvi. iV;c.
CHAP. II.] CIIUIS!•IA^ CIIUKCII. 91
aggiiovod l)y the censiiro of his own bishop, ho mi<^ht have
his c.'iuse heard over again in a provincial synod ; iVom
which there lay no further appeal to any single bishop, no,
not even to the l)ishop of Rome, ulio most pvelendcd to it;
hut ail such causes v\ere to be heard and determined in the
province where they arose, to obviate fraud and surrep-
titious comnninion, and put an end to all strife and con-
tention, as has lu'en shewn more fully in the foregoing-
chapter, sect. 14. out of the debate between the bishops of
Rome and the African Churches. These were the rules
then generally observed throughout the whole Catholic
Church, with respect to the rejection of excommunicate
persons from the communion of all Churches. And by
these rules the unity of the Catholic Church was duly mjiin-
tained, and discipline for the most part kept up in its true
vigour and glory.
Sect. II. — And avoided also in Civil Conimerce and outward Convcrsatioii
and allowed no Meuiorial after Death.
But fourthly, Synesius in the foremcntioned form of ex-
communication, not only speaks of denying- men communion
in sacred things, but also in civil commerce and external
conversation: no one was to receive excommunicated per-
sons into their houses, nor eat at the same table with them ;
they were not to converse with them familiarly, whilst
living'; nor perform the funeral obsequies for them, uhen
dead, after the solemn rites and manners tliat were used to-
ward other Christians. These directions were drawn up
upon the model of those rules of the Apostles, which forbad
Christians to give any countenance to notorious offenders,
continuing impenitent, even in ordinary conversation. As
that of St. Paul, 1 Cor. v. 11. "I have written unto you
not to keep company, if any man that is called a brother,
he a fornicator, or covetous, or an idolater, or a railer, or a
drunkard, or an extortioner, with such an one no not to
eat." And again, Rom. xvi. 17. " Mark them which
cause divisions and oifences, contrary to the doctrine which
yo have learned, and avoid them." And 2 Thess. iii. 1-1,
" If any man obey not our word by this epistle, note that
\)2 THE ANTIQUITJKS OF THE [BOOK XVI.
man, and liuvc no company with liiin, lliat ho may be
ashamed." And that of St. John, " If thero come any
unto vou, and brine: not this doctrine, receive him not into
yonr house, neither bid him, God speed. For he that biddeth
him God speed, is partaker of his evil deeds.'' 2 John, x.
11. J n conformity to these rules, and the reasons here as-
signed for the observation of them, the Ancients made
strict Jaws to forbid all familiar intercourse with excom-
municated persons in ordinary conversation, uidcss some
absolute necessity, or some jrreater and more oblioino- mora'
consideration rocpiired them to do otherwise. The first
Council of Toledo has four or five canons to this pur-
pose.* It will be sufficient to recite the first of them, which
is in these words: " If any layman is excommunicated, let
no clerk or religious person come near him or his house.
In like manner if a clergyman is excommunicated, let the
clergy avoid him. And if any is found to converse or eat
with him, let him also be excommunicated.'' 'J'he second
Council of Arles,^ orders a suspended bishop to ])e excluded
not only from the conversation and table of the clergy, but
of all the people likewise. And many other such canons
occur in the Councils of Vannes,^ and the first of Tours,*
and the first of Orleance,^ excluding excommunicate per-
sons from all entertainments of the faithful. The Apostoli-
cal Canons'"' forbid any one to communicate in prayer so
much as in a private house with excommunicate persons
under the same penalty of excommunication. And if they
happened to die in professed rebellion and contempt of
penance, then tliey were treated as all other contemners and
despisers of holy ordinances were, by being denied the
' Con. Toli't. i. cnn. 15. Si <(uis laicus abstinetur, ad hiii-.c vol ad
liuimini ejus, clericDruir. vol religioso.inn nuUus accedat. Similitrr ot clcricus,
si absliiK'tur, a citricis devitetur. Si (juis cum illo collociui aut convivaii
fucrit deprehc-nsus, etiam ipse abstincatur. Vid. can. 7. 16. ct. 18. Ibid.
'■' Con. Arelat. ii. can. 30. Suspcnsuni cpiscopum non solum a clcricorum,
scd etiam a totius populi coiloquio atque convivio placuit oxcludi.
^ Con. Veneticum, can. iii. A conviviis fidelium submovendos. Con.
lU-rden. c. iv. * Con. Turon. i. can. S. A con\ivio fidelium
f'Xtianius liabealur. ^ Con. Auicl. i. can. 3, 5. 13. Con.
Cmiling. iv. can. 7<i. * Canon Apost. can. xi.
niAl'. 1!.J CHRISTIAN CHlJUOn. 93
lioriour ami l)onolU of Christian Imrial. No soleninity of
[)saltnody or prayers was used at their funeral : nor were
they ever to he mentioned among the faithful out of the
Diptyehs, or holy books of the; Church, according to
custom in the [)rayGrs at the altar. This is evident, not only
from what is said by Synesius, but from the whole tenour of
ecclesiastical discipline; which excludes all that die in
professed rebellion and contempt from the privilege of
Christian burial, such as catechumens dying in wilful neg-
lect of baptism, and those that laid violent hands upon
themselves, and such like, as all dying in impenitency and
a desperate condition.' And it is further evident from that
very exception, which we have observed before'^ to be made
in favour of such humble penitents, as modestly submitted
i-o the discipline of the Church, and were labouring
earnestly to obtain a re-admission, but were snatched away
by sudden death, before they could obtain the formality of
an absolution : in this case, as I shewed, the canons^ allow-
ed their oblations to be received, and their funeral obsequies
to be celebrated after the usual solemnity and manner of
the Church: which exception supposes, that all the rest,
who died refractory and impenitent, were wholly denied
these privileges, as a just consequence of their censures.
Not to mention now the custom of erasing the names of
excommunicate persons out of the Diptychs, or sacred
registers of the Church, which was the immediate effect of
excommunication, and excluded them from all the privileges
of any future memorial* or commemoration, till they were
restored again. I will not stand now to dispute, whether
this custom took its original from the practice of the Jewish
synagogue ; or whether our Saviour alluded to that practice
as some learned men think,* when he said to his disciples,
Luke vi. 22. " Blessed are ye, when they shall separate, or
excommunicate, you out of the synagogue, and cast out,
or expunge, your names out of the holy books:" certain it
• Vid. Con. Bracar. i. can. 3-t, et 35. « Chap. i. sect. 7.
* Vid. Con. Vasensc. ij. can. ii. * Vid. Evagriuni. lib. iii.
cap. 24. * Dodwel. Dissert, v. in Cyprian, n. 18.
94 THE ANTIQUITIES OF THE [bOOK XVI.
is, that as this erasing or oxpung-ing- the names of excom-
municate persons out of tlie Diptychs was used in the
Christian Church, it always implied the denial of communion
to them oven after death : they could neither have a Chris-
tian burial, nor a Christian commemoration, among those
that were departed in the true faith and unity of the Church;
but were excluded, both living and dying, from all society
both sacred and civil, as the immediate effect and conse-
(juence either of a voluntary and chosen, or a judicial and
penal excommunication.
For to shew that these were not mere empty and inef-
fective laws, we may often observe them in a remarkable
manner put in practice. Irenajus^ tells us from those who
had it from the mouth of Polycarp, that when he once oc-
casionally accompanied St. John into a bath at Ephesus,
and they there found Cerinthus, the heretic, St. John imme-
diately cried out to Polycarp, Let us fiy hence, lest the bath
should fall, in which Cerinthus, the enemy of truth, is.
Eusebius and Theodoret^ both mention the same story out
of Irenaeus ; and Epiphanius also^ relates it at large, only
with this difference, that it was Ebion, the heretic, to whom,
by the guidance of the Spirit, he shewed this aversion, for
a memorial and example to future ages. Whence Baronius
conjectures,* both those heretics might be present, and that
the saying had equal relation to them both. Irenaius in the
same place adds this further concerning Polycarp, that hap-
pening once to meet Marcion, the heretic, and Marcion
asking him whether he did not know him, he replied. Yes,
I know thee to be the first-born of Satan. So cautious,
says Irenffius, were the Apostles and their disciples, " not
to communicate so much as in word, /urj ju£\()t Xoys koivio-
vtiv, with the perverters of truth,'" according- to that of
St. Paul, " A man that is an heretic after the first and
second admonition reject, knowing that such an one is
subverted, and sinneth, being condemned of himself." In
' Iron. lib. iii. caj). 4. ' Eiiseb. lib. iv. cap. 14. Thcod. de
Fabul. Hieiotic. lib. ii. cap. 7. ' Epiph. ll;cris. xxx. Kbionit. n. 'J4.
* Baron, an. Ixxiv. 11. 9. Suicer. Tliesaur. Ecclcs. Voce, AlptriKoc- torn. i.
p. 128
CHAP. II. j CHRISTIAN CHURCH, §5
like inannor St. Ambrose o])serves of a certain Christian
jiulije, in lli(^ time of Julian, that having- condemned one of
his brc>thren for demolishing- an altar, no one would vouch-
safe to associate with him,* no one would speak to him or
salute him. And St, Basil writing- to Athanasius concern-
ing- a certain governor of Libya,- whom Athanasius had ex-
communicated for his immoralities, and according to custom
had given notice of it to Basil, tells him, tliey would all
avoid him, ami have no communion with him in fire, or
water, or l)ouse, that is, in the common ways of ordinary con-
versation. A great many other instances of the like kind
might be given, but I shall only add that of Monicha, St.
Austin's mother, toward her son, whilst he continued a
Manichee. St. Austin himself tells us,^ that she so detested
the blasphemies of his error, and had such an aversion to
him upon the account of them, that she would not admit
him to eat with her at the same table in her own house.
This was according- to the discipline then practised in the
Church, to deny sinners not only communion in sacred
things, but also in the civil commerce of ordinary conversa-
tion.
Sect. 12. — The Grounds and Reasons of this Practice.
Now all this was done for very wise ends and reasons of
Christian prudence and charity. 1 . To make sinners asha-
med, and by that shame to bring- them tojepentance. This is
the reason given by the Apostle, " Note that man, and have
no company with him, that he may be ashamed." 2. To
terrify others by their example. Both these reasons are
assigned by the canon of the Council of Tours, which
orders relapsing- sinners to be excluded both from the come
munion of the Church* and the entertainments of the faithful,
that the shame and confusion arising from such treatment
' Ambros. Ep. xxix. ad Theodos. Nemo ilium congressu, nemo ilium
unquam osculo dignum putavit. * Hasil. Ep. xlvii.
' Aug. Confess, lib. iii. cap. II. Nolle habere secum eandem raensam in
domo, aversans et detestans blasphcmias enoris mei. Vid. Ser. 215. de
Tempore. ♦ Con. Turon. i. can. 8. A communione ecclesiffi, vel
a convivio fidelium extraneus habeatur, quo facilius et ipse compunctionem
per banc confusionem accipiat. etalii ejus terrcantur exemplo.
9G THE ANTIQUITIES OF THK [bOOK XVI.
mig-ht bring- them fo compunction, and terrify others by
thoir example. 3. A third reason was the fear of partaking*
in other men's sins ; if by their society they seemed to shew
any countenance to them, it would be an hardenino- them in
their iniquity, and involve such as contributed thereto, in the
same guilt with the criminals themselves. " Therefore,"'
says St. Cyprian,' " we ought to withdraw from sinners, and
even Hy from them, lest if a man join himself to those that
walk disorderly, and go in the paths of error and wicked-
ness, he himself also be held in the guilt of the same
crimes." For this reason, writing to the people of Leon
and Astorg'a, in Spain, where two bishops, Basilides and
Martial, had been deposed for lapsing- into idolatry, who
afterwards made an attempt to draw in the people to accept
them again for their bishops, after others Iiad regularly by
the discipline of the Church been ordained in their room,
he tells them,^ " they should not Hatter themselves, as if
they were free from partaking- in sin, if they communicated
with a sinful bishop, and gave their consent to the unlawful
and unjust establishment of him in his bishopric, since the
divine judg-ment had threatened and said by the Prophet
Hosea, ' Their sacrifices shall be unto them as the bread of
mourners : all that eat thereof, shall be polluted :' teaching-
and shewing- us, that all men are bound over unto sin, who
are defiled with the sacrifice of a profane and imjust
priest." Which we find also to be declared in the Book of
Numbers, when Korah, Dathan, and Abiram assumed to
themselves the power of offering sacrifice in opposition to
Aaron the priest. There the Lord commanded the people
by Moses to separate themselves from them, lest if they
were joined with those wicked men, they should be smitten
in their wickedness. " Depart," says he, " from the tents
of these hardened men, and touch nothing- of theirs, lest ye
' Cypr. dc Unit. Eccles. p. 119. Recedendum est i di-linquentibus, vel
imo fugienduni, nc dum quis male ambulantibus jungitur, et per itinera erro-
ris et criiniiiis giaditur, pari crimine et ipse tcncatur.
^ Cypr. Ep.lxviii. al. ()7. ad Plebem Legionis et Asturica^, p. 171. Ncc
sibi plebs blandiatur, quasi iramunis esse a contagio delicti possit, cum
sacerdote peccatore communicans, et ad injustuni ntque illicitum praepositi
sui episcopntuni consensum suum commodans, &c.
CHAP. II.] CHRISTIAN CHURCH. I>7
ho consumod in ;ill their niiis." 4. A fourth reason was, to
avoid contagion and infection. For conversing with profane
men is endanaerina' a man's own virtue : " Evil cornrnuiu-
cations corrupt good manners." An infected member ottcn
<h>stroys the whole body. Therefore as vile and notorious
sinners were for this reason cut off from the body of the
Church : so for the same reason all men were afterwards to
avoid their society, for fear the poison of their infamous
conversation should infect their morals, and diffuse itsel
into their minds by any artful conveyance of cunning craiti-
ness, or the natural inliuenee of bad example. " For wicked
men speak with their feet, and teach with their fingers," as
the Wise Man elegantly words it: their actions, as well as
their discourses, are of a malignant influeoce, and are apt
to leave ill tinctures and impressions upon the minds of
others, so that a man cannot ordinarily converse with them
without danger of infection. Therefore, says Cyprian,'
" avoid such men, and drive away their pernicious commu-
nications both from your conversation and your ears, as the
contagion of death. For thus it is written, ' Hedge about
thine ears with thorns, and hearken not to an evil tongue.'
And again, ' Evil communications corrupt good manners.'
Our Lord teaches and admonishes us to withdraw from such,
saying, ' They are blind leaders of the blind : and if the blind
lead the blind, they shall both fall intO/the ditch." 5. But
admitting some could converse with such w ithout danger to
themselves, they could not without manifest dang-er to
others, who are weak and apt to be emboldened to follow
the example of the strong- to their apparent ruin and destruc-
tion. For these and the like reasons, whenever the Church
cast any notorious offenders wholly out of her communion,
she prohibited all others from conversing with them, both
in kindness to the sinners and to the righteous, lest the one
should be hardened in their imponitency, and the other cor-
rupted by the spreading- contagion and infection.
' Cypr. dc Unit. Ecclcs. p. 1 1.5, Vitate, quseso vos, ejusmodi homines,
ct ti latere atque auribus vestris poiniciosa colloquia, velut contagiuni mor-
tis aicete, &c.
VOL. VI. H>
98 THK ANTlQnriKS OF THE [BOOK XVI.
Skct. 13. — No Donations or Oblations allowed to be received from excom-
municate Persons.
It is fiirtlier observable, that as an indication of the
Church's abhorrence of excommunicate persons, she allowed
no g-ifts or oblations to be received from them ; because
that might have been interpreted retaining them still in some
measure in her communion, and involviii"' herself in tlie
guilt of filthy lucre. Therefore she never admitted any one
to make oblations, but such as were in full communion with
her, and might lawfully partake of the sacrifice of the altar ;
as I have had occasion to shew more fully in another
place.' Here I only note it again as a thing most remarka-
ble, tliat she had such an aversion to any thing that apper-
tained to thern, that she would not so much as retain those
gifts, which any such persons had freely offered, whilst they
were in communion w ith her. This we learn from Tertullian,
who, speaking of the expulsion of Valentinus and Marciou
for their heresies at Rome, says, they were east out once
and again,^ and particularly Marcion with his two hundred
sestertia, which he had brought into the Church.
Sect. 14. — No one to marry with oxcommunicate Ilprellrs, or receive their
Eulogiec, or read their Books; but burn them.
There are several other instances of their aversion to
heretics in particular, when once the censures of the Church
were passed upon them. The Council of Laodlcea not only
forbids all men to frequent their cemeteries and meetings,'
held at the monuments of their pretended martyrs, or any
Avhere to pray with them ; but also to receive any presents
under the name of Eulogice from them ;* because this was
in some sort to communicate w ith them ; these Ealoyiee, or
sanctified loaves, beina- one way of testifvin<>" men's commu-
• Book XV. chap. ii. "^ Tertul. do Pricscript. adv. llacritic.
cap. XXX. Semel et iterum ejccti, Marcion quidem cum ducentis sestertiis
suis, qufe ecclesia; intulerat, &c. * Vid. Con. Laodic. can. ix.
xxxiii. et xxxiv. . * Ibid. can. xxxii. Ou hX oiotnKwv ivXoyiag
Xafi^avtw. &c.
CHAP, ir] CHHJSTIAN OflUKCII. {)[)
nion one witii anotlicr. The same Council also forbids all
mornhors of the Church to enter into communion with henv
tics,' by g'iving their sons or daiig'hters in niarriag-e to them ;
neither are they allowed to take the sons or daughters of
lieretics in marriage to themselves, unless they promise to
become Christians.^ Where wo may observe also, tliat the}'
did not allow heretics, after they had broken the faith and
communion of the Church, absolutely speaking", so much as
the name of Cliristians. Other laws strictly prohibit men to
road the books of heretics, as imagining that the poison of
their errors was in a great measure dispersed and convoyed
by them. Socrates^ has recorded a letter of Constantino
the Great, wherein he orders the Arians to bo branded and
stigmatised with the name of Porphyrians, and their books
to be burnt, and makes it death for any one to conceal
them and save them from the flames. And there are two
laws now oxtant in the Theodosian Code, wherein the very
same things are enjoined under very severe penalties. The
first is a law made by Arcadius and Honorius against the
Eunomians, a noted branch of the Arian heresy, wherein
their books* are ordered to be sought after with a very dili-
gent search, and to be burnt in the sight of the judges. And
if any one was convicted of fraudulent hiding, and not dis-
covering them, he should be punished with death, as a re-
tainer and concealer of pernicious and r^agical books, con-
taining the institutions of all manner of wickedness. The
other law was made by Theodosius Junior against the
Neslorians, where he refers to the former law of Constantino,
and orders the followers of Nestorius to be called Simo-
nians, for their imitating the portentous superstitions of
Simon Magus ; as Constantino had appointed the Arians to
be called Porphyrians, from Porphyry the heathen. Then
he orders their books, written against the Catholic faith and
the Council of Ephesus, to be publicly burnt,* forbidding
' Vid. Con. Laodic, can. x. M/; Ssh' tk^ ''Ic iKKXijaiaQ A^ia(l>pp(t>c vpbg
ycifi H Koiviitviav avvuTTrtiv to. kavruiv iraiSia aioiTiKoig, * Ibid,
can. xxxi. Vid. Con. Rlibcrit. can. xvi. ' Socrat. lib. i. cap. 9.
* Cod. Thpod. lib. xvi. tit. 5. de Hccrctic. log. xxxiv. Codices sane eoruni,
H 2
100 THE ANTlQUlTIiS OF THE [bOOK XVI.
nny one to Imvo, read, or transcrif)e them, muler pain of eon-
Hscation. This custotn of biirnino' lieictic-al books, is con-
firmed by many other laws ; of which more hereafter, when
we come to speak of the jjunishment of heretics in particu-
lar. Here I observe, that the prohiliition of reading- or
retaining- them was so limited by tlie Church, as to allow
bishops to read them., when time and necessity so required,*
in order to confute them. P^or the fourth Council of
Carthag-e,^ which forl)ids them universally the reading- of
heathen authors, allows tlie reading of heretical books,
with this limitation and restriction. And therefore the re-
taining- them in this case, was not to bo interpreted that
fraudulent retaining and concealment, Avhich the imperial
laws condemned under the penalties of confiscation and
death. Gothofred observes one thing further upon the use-
fulness and effect of these laws, which is fit to be remarked,'*
that the terror of them made heretics very cautious how
they dispersed their books, and others as cautious how
they retained or concealed them : insomuch that when St.
Basil was about to confute the first book of Eunomius, he
had a hard matter to compass it, as Photius re[)orts,* the
Eunomians were so industrious in concealing- it. And
when Eunomius had written his latter books in answer to
Basil, he durst not pulilish them, but only among- his confe-
derates, in St. Basil's life time, for fear of Basil ; and after
his death,* durst only trust them in the hands of his friends,
for fear of the penalties which the laws had laid upon them ;
though Philostorgius,° the Arian historian, makes bold
after his manner, to g-ive a different relation of it.
.sceleruin omnium doctrinain ac uiattiiam contiiu-ntes, suuinifi sagacitatc niox
quseri, ac prodi, exeitS aiictorilale maiulamiis, sub aspeclibus eorum judicau-
tuin iiiccndio niox nemandns. E\ (piibus si (|uis t'orlc aliqitid (lU.nlibet oc-
casionc, vel fraudo occultSsse, lU'cprodidisso coiiviiu-itur, sciat so, velut nox-
' ioruiti codicuin, ft malelicii- cnniine cojisi-riptorum, lefentorem, capite es.se
(ilectendmti. ' Cod. Thood. lib, xvi. tit. v. \fg. 00. el in Aclis
Con. P3piKs. Par. iii. cap. Iti. ' Con. Carlliag. iv. i-aii. 10. lit
episcopus gentiliuiu lii)i-os non legal ; hscreticorum autem pro necessitate rt
tempore. See book vi. chap. iil. sect. l. where this question is more fully-
handled. ^ Gothofred. in Cod. Theod. lib. xvi. tit. v.
leg. 34.. " Phot. Cod. 187. * Id. Cod. 13S.
* Philostorg. lib. viii. cap. 1'2.
CHAP. 11.] CHRISTIAN CHUKCH. lOl
Sect. I '). — What meant by Delivering unto Satan.
There arc two or throe thing's more, relating- to the man-
ner, anil form, and odocts of excommunication, which have
something- of dilHcuhy in them, and therefore it nill he pro-
per to give them a Htile explication here. The first ditii-
culty arises from the Apostle's order, given to the Corin-
thians, how to [)roceed against the incestuous person, wiio
had married liis father's wife, 1 Cor. v. 5. where he enjoins
them, in the name, and with the power of the Lord Jesus Christ
to " deliver such an one unto Satan, for the destruction of
the fiesh, that the spirit may he saved in the day of the
Lord Jesus.'' So again, 1 Tim, i. 20. speaking of Hyme-
naius and Philctus, he says, " Wliom I have delivered
unto Satan, that they may learn not to blaspheme."
There are two famous expositions of these passages. Bi"
shop Beveridge,^ and Estius,^ after Balzamon and Zonaras,
with many other modern interpreters, whom Estius men-
tions, think that " delivering unto Satan," is but another
expression for excommunication, and the spiritual effects
consequent to it, that is, the punishment of the soul, and
not of the body. For when men are cast out of the society
of the faitliful, which is tlie Church of Christ, they are there-
by deprived of all the benefits that are proper and peculiar
to that society ; as the common prayers^ of the Church, the
public use of the word or doctrine, the participation of
the sacrament, the pastoral care of those that preside over
them, and the special g-race of divine protection ; and so
remain exposed to the tyranny and incursions of Satan,
whose kingdom is without the Church. And thus far they
allovv, that every excommunicated person was delivered
unto Satan, but not for any corporal vexation or punishment
to be inflicted on him. Others are of opinion, that besides
this spiritual punishment naturally consequent to excommu-
nication, there was in the Apostles' days another conse-
' Beverij. Not. in Can. Apost. x. * Estius in I Cor. v. 5.
* Balsam, et Zonar. in Basil, can. 7.
102 THE ANTIQUITIES OF THE [BOOK XV
(|uent of it, which was corporal power and possession, or
the infliction of bodily vexations and torments by the minis-
try of Satan on those who were delivered unto liim. Dr.
Hammond, and Grotius, and Lightfoot, are the great sup-
porters of this opinion among the Moderns, and they have
ahnost the general concurrence of the ancient interpreters
on their side; which Estius does not much denv, thouirh lie
chose to follow Peter Lombard and Aquinas, and the ordi-
nary gloss against them. He owns St. Chrysostom and
the Greeks were wholly of this opinion; and among
the Latins, St. Ambrose and Pacian ; and St. Anstin also,
though not very positive, he thinks, in his assertion. But
he is mistaken ; for St. Austin was clearly of this opinion.
He does not say indeed, it was death, which the Apostle
inflicted upon the Corinthian, as St. Peter did upon Ananias
and Sapphira ; but ho says expressly, it was some punish-
ment,' inflicted on him by the ministry of Satan. Which
he distinguishes from a common excommunication, by the
name of Flagellum Domini, the scourge of the Lord ; which
he says, the Apostle used upon some special occasions,
when there was no way to cure an epidemical disease, or
correct a single sinner, buoyed up and favoured by the
multitude,^ but only by interceding with God to take the
matter into his own hand, and use the severe mercy of his
own divine discipline upon them, when the contagion of
sin had invaded a multitude ; in which case it were not
only in vain to advise men to separate from sinners, but
pernicious and sacrilegious ; because such counsels in such a
state of aflairs would be thought impious and'proud, and more
' Aug. (le ScTinone Dora, in Monte, lib. i. cap. 20. Etsi nolunt hie
mortem intelligere, quod fortasse incertum est, <iuamlibet vindictam per
Satanain fuctam ab Apostolo fateantur. * Aug. Epist. Parmen.
lib. iii. cap. 9. Quid aliud dicit hie, Non parcam : nisi quod superius ait,
Et lugeam niultos : ul luclus ejus impetraret flagellum i Domino, quo illi
coiriperentur, qui jam propter multitudinem non poterant ita corripi, ut ab
eorum conjunctionn se cjRteri continerent, et eos erubescere facerent ? —
Et reveia si contagio peccandi multitudinem iiivaserit, divintc disciplina:
Hcvcra misericordia neccssaria est: nam consilia separationis et inania sunt
et perniciosa atqui^ sacrilega ; quia et imjiia et superba fiunt, et plus pertur-
baiit inlirmots bunob, quam cuirigant uuiiiiubU!> malub.
OIIAP. U.] ClllUSTlAN CllUKCU. 103
UhuI to (listuilt «^ood men tliat were woaU, fliaii conefct iho
sliibbonmoss aiul Jiiiiinosity of the evil. In this seiisi- lie
tluMO also in like niamicr inierpiels two other passages of
the Apostle, 2 Cor. xii. 21. "Lest when 1 conic again, my
God will humble me among- you, and I shall bewail many
which have sinned already, and have not rei>ented of the
uneleanness, and laseiviousness, and fornication, which they
have committed." And 2 Cor. xii. 1, 2. "This is the
third time I am coming- to you : in the mouth of two or three
witnesses shall every word be established. I foretold you
before, and foretell you as if I were ))resent the second
time, and being- absent, I now write to them which hereto-
fore have sinned, and to all other, that if I come again,
I will not spare; since ye seek a proof of Christ speaking
in me." Here, lie says, the Apostle does not threaten them
with that -punishment, which should make others abstain
from their society, but by his prayers and tears to turn
them over,' to the divine scourge to correct them ; and that
this was the power of Christ speaking in him. Where no-
thing- can be plainer, than that St. Austin distinguishes this
as an extraordinary power from the ordinary power of ex-
communication ; which the Apostle luid in reserve for such
difficult cases, where the ordinary power of excommunica-
tion, by reason of the multitude or confederacy of sinners,
would not by its own bare virtue proje effectual. So that
according- to him, this power of delivering- unto Satan, was
something superior to that ordinary power of casting- men
out of the Church, and the society of the faithful. St. Am-
brose was of the same mind with St. Austin : for ex[)laining
how the incestuous man was punished, he says,^ " As the
Lord gave the devil no power over the soul of holy Job,
but only permitted him to afUict his body ; so this man was
delivered to Satan." And St. Jerome says,^ " the Apostle
' Aug. Epist, Parmen. lib. iii. cap. 2. Per liiclum suum potius eos clivinu
llagello coi;rceiulo8 ininans, qufiin per illaiu correptioncin, ul ciuteri ab eoruiii
conjuiutione se coiUincant. '^ Ainbros. de Ptciiil. lib. i.
cap. 12. Sicut Dominus in animam sancti Job potestateui non dedit, .sed in
carnem ejus pcimisit liccntiani, ita et hie traditur Safaiirc. ^ Hie-
lon. Com. ill (Jal. v. l*ia;cepit euiii traeli paiiiiUiilia;, in interitum ct vexa-
tioneiu carnis, perjejunia et uigrotationes, ut spiiitus salvus tiat.
^0-1 THE ANTIQUITIES OF THE [BOOK XVl.
Commanded liim to bo put under penance for the destruction
and vexation of the flesh by fastinof and sickness, that his
spirit inig-ht be saved." And so Pacianus,^ by the destruc-
tion of tlie flesh, understands tribulation and infirmities of
the body. The Author of the Short Notes,'- under the
name of St. Jerom, says the same. So likewise Cassian,^
to whom E^tius himself adds Primasius, and Haimo. St.
Chrysostorn among- the Greeks, g-ives the same sense of the
Apostle's words. He says, " the Apostle delivered the
Corinthian offender to Satan, as to a schoolmaster, for the
destruction of the flesh. As it happened to holy Job, but
not for the same cause: for there it was done to make his
crown of glory more illustrious ; but here the man only
g-ains remission of his sins: that Satan mio-l;t torture him
^vith some cruel ulcer, or other disease." And he observes
how the Apostle says elsewhere, that such diseases were
sometimes inflicted on sinners immediately by the hand of
God : when w-e suffer such thing-s, we are judged of tlie
Lord: but here he delivers him to Satan, the more sensibly
to touch and aff'ect him.^ He gives the same exposition of
the Apostle's words concerning Hymeneeus and Philetus,
" Whom 1 have delivered unto Satan, that they may learn not
to blaspheme.'" " As executioners," says he, " though they
be very wicked themselves, are made instruments* of chas-
tising* others : so here it is with the wicked devils. Job
was thus delivered to Satan, not for his sins, but to obtain
the greater glory." He adds, " that God often did this im-
mediately by his own power, without the intervention of any
human ministry. For many times the priests know not who
are sinners, or who are unworthy piirtakers of the holy mys-
teries : therefore God takes the judg"ment into his own
hands, and delivers them unto Satan. For when diseases,
or misfortunes, or sorrows, or calamities, or any thing" of
the like kind befalls men, it is for this reason, as St. Paul also
' Pacian. Ej). iii. ad. Seinpronian. Tlihl. Pair. torn. iii. ji. 0(5. Ad
solius carnis interitum, tentationes scilicet, cariiis aiigustias, detrimciita
iiioinbronini. * llioron. Com. in I Cor. v. 5. * Cassian.
(V.llat. vi). cai). 'Jo,. 26, 27, 2S. ' Chrys. Horn. .\ v. in
Cor. p. l-'>\. * Hoiii. vi. in 1 Tim. p. 1517.
CHAl'. II.] CUHlbTIAN CHURCH. lU)
intimates, saying-, " For this cause many are sick and weak
among' you, and many sleep." Tlieudoret follows Cliry-
sostom in his exposition : for speaking- of IlymenaMis and
Alexander, lie says,' " the Apostle dehvered tliem to Satan,
as to a cruel executioner ; for being- separated from the body
of the Cliureh, and left destitute of divine grace, they were
cruelly tormented by the adversary, falling- into diseases,
and suHerings, and other evils and calamities, which the
devil is wont to inflict upon men." Now this being the
g-eneral sense of the Ancients, both Greek and Latin, that
this was an extraordinary apostolical power, distinct from
the ordinary power of excommunication ; we do not find
that they ordinarily made use of this phrase, " Delivering-
unto Satan," in any of their forms of excommunication ; as
being" sensible, that the Church, after the power of mira-
cles was ceased, had no pretence to the power of inflicting-
bodily diseases, as the Apostles had, upon excommunicate
persons by the ministry of Satan. Cassian indeed tells us,^
that he knew several holy men, that were corporally deli-
vered to Satan, and to great infirmities, for small ollences.
But that was by the immediate hand of God, and his chas-
tisements, and not by the censures of the Church, which
did not excommunicate holy men, nor any others, for small
offences. The author of the Life of St. Ambrose,^ says
also, that he having- to deal with a very/flagitious sinner said,
he ought to be delivered to Satan for the destructiou of the
flesh, that no one may dare to commit such things for the
future. And he had no sooner spoken the w ord, hut imme-
diately, the very same moment, an unclean spirit seized the
man, and began to tear him. But this, if true, was a sin-
g-ular instance of apostolical and miraculous power yet
remaining in St. Ambrose, and there is scarce a parallel in-
> Theod. in 1 Tim. i. 20. = Cassian. Collat. vii. cap. 25.
Corporaliter traditos Satanic, vel infirmitatibus maguis, etiam viros sanctos
noviinus, pro lovissimis quibusque delictis, &c. s PauHu.
Vit. Auibros. Cum depreheiidissot auctorcm tanti (lagitii, ait, Oporlet ilium
tradi Satau'dC in inlci-ituni carnis, ne talia aliquis in postcruni audcat adinil-
tere. Quoni eodcni niomento, cum adhuc serino esset in ore sacerdotis
sancti, spiritus inunundus corrcplum disceiperc cccpit.
106 THU ANTIQUITIES OF THE [BOOK XVI.
stance to be mot with in ull the history of the Church.
The canons of old very rarely used this phrase, St. Basil
mentions it once,* and Gratian cites an Epistle of Pope
Pelagius,* where it is said, " By the example of apostolical
authority, we have learned to deliver unto Satan erring" spi-
rits, which draw others into error, that they may learn not
to blaspheme." But in these places it seems to mean no
more than excommunication or expulsion out of the Church,
which is the spiritual delivering up to Satan, without any
regard to bodily torture. For all men are sensible, that
since the Apostles' days there was no such power g-enerally
granted to the ministers of the Church. And for this rea-
son, Peter de Moulin tells us,'* the reformed Church of
France in their national synod of Alez, at which he him-
self assisted as moderator. Anno 1620, made an order, that
in excommunication, no one should use the form of " De-
livering- unto Satan," Neither should the censure of
Anathema Maranatha be pronounced against any man ;
forasmuch as no one ought to use that form, but he that
knows the secrets of rcprol)ation, and can tell by the reve-
lation of God's Spirit, whether the person excommunicated
has sinned against the Holy Ghost, or the sin unto death,
that is, with such impenitency as will be final, and continue
unto death ; for which, St. John says, no one ought to
pray. The prohibition here of the use of the form Ana-
thema M aranat ha, [{idds us to another intjuiry, — what the
Ancients understood by it ? and whether they used it at
any time as a form of cxcomnmnication ?
Sect. 16.— Wliiit meant by Anathema Maranatha, and whollier any such
forms of Exconununiciition were in Use in the Ancient Churcli.
Anathema is a word that occurs frequently in the ancient
canons, and the condemnation of all heretics. The Council
' Basil, can. vii. * Pelag. ap.Grat. Caus. xxiv.
qiiii'st iii. caj). V.l. Apostolica; auclorilatis exeni[)l(), erraiUinm, (tin <'rroreui
mittcntiuiii spiiilus Iradcndo-s esse Sulanic, lit bias|)lieniari' dediscant.
•* Molinici Vates, bcti De oliisnialibque Proiditlia. lib. 11. cap. xi. y. III.
CHAV. 11.] CHRISTIAN CHL'IICH. 107
of Gangni closes every one of its canons witli the words,
"'Ai'a^t/Kt t-w, Let him he anathema, or accursed,'''' that is,
separated fron\ the communion of the Church, and its pri-
vilig-es, and IVom the favour of God, without repentance,
that goes against tlie tenour of tlie thing there decreed.
And this is the style of most other Councils, grounded
upon that form of St. Paul, " If we, or an angel from
heaven, preach any other gospel unto you, than that which
we have preached unto you, let him bo Anathema or accur-
seiiy But the adding of Maranatha to Anathema, is not
so common. There is little said of the word itself among
the Ancients, and less of its use in any form of excommu-
nication.* St. Chrysostom says,^ it is a Hebrew word,
signifying. The Lord is come : and ho particularly applies
it to the confusion of those who still abused the privileges
of the Gospel, notwithstanding that the Lord was come
among them. " This word," says he, " speaks terror to
those, who make their members the members of an har-
lot, who oilend their brethren by eating things offered
to idols, who name themselves by the names of men, who
deny the resurrection. The Lord of all is come down
among us ; and yet ye continue the same men ye were
before, and persevere in your sins." St. Jerom says,^ it
was more a Syriac, than a Hebrew word, though it had
something in it of both languages, signifying, Oicr Lord
is come. But he applies it against the perverseness of the
Jews, and others who denied the coming of Christ : making
this the sense of the Apostle, " If any man love not the
Lord Jesus Christ, let him be Anathema, the Lord is come ;
wdierefore it is superfluous for any to contend w^ith pertina-
cious hatred against him, of the truth of whose coming
• Gratian. Caus. xxiii. quast. iv. cap. 30. mentions it as used in a form
of excommunication by Pope Sylverius. - Chiys. Horn,
xliv. in 1 Cor. p. 718. ^ Hieron. Ep. 137. ad Marcellam.
Maranatha magis Syrum est quiim Hebrteiun : tamen etsi ex confinio utra-
rumque linguarum aliquid et llebrtcum sonat, et interpretatur, Dominus
nuster vcnit : ut sit sensus, si quis non aniat Dominum Jcsum, anathema
sit; et illo coniplclo idonceps inleratur, Dominus noster venil: Quod super-
iiuuni sit adversus cum odiis pcrtinacibus velle contendere, queui venisse
.jam constet.
108 THE ANTIQUITIES OF IHE [bOOK XVl
tlioro is such apparent demonstration."' The same sense is
g-iven by Hilary the deacon, and Pelag-ius, who wrote under
the names of St. Ambrose* and St. Jerom.^ And it is recei-
ved by Estius and Dr. Lig'litfoct as the truest interpretation.
So that according' to this sense, Maranatha couhl not be
any part of the form of excommunication but only a reason
for pronouncing Anathema against those who expressed
their hatred against Christ, by denying- his coming ; either
in words, as the Jews did, who blasphemed Christ, and
called Jesus Anathema or accursed-^ or else by wicked
works, as those who lived profanely under the name of
Christian.
Yet others of the Ancients interpret it of the future coming-
of Christ. As St. Austin says Maranatha is a Syriac
word, signifying-, The Lord will come.^ And he particu-
larly applies it against the Arians, who could not be said to
love the Lord, because they denied his divine nature. Dr.
Hammond and many other modern interpreters* take Mara-
natha in this sense. The Lord loill come to judgment, as
St. Jude says, " The Lord cometh with ten thousands of
his saints, to execute judgment upon all the ungodly."
And they suppose this answered to the third and highest
degree of excommunication among- the Jews, called Sham-
matha. For they say, the Jews had these three degrees of
excommunication, Piiddui, Cherem, and Shammatha.
Niddui was the lowest degree of excommunication, being-
only a suspension of the sinner from the synag'ogue and
society of his brethren for thirty days, if he repented : if
not, the time was doubled to sixty days ; and if he still con-
tinued obstinate, it was prolonged to ninety days. Then if
he persisted impenitent still, he was punished with a more
solemn excommunication, called, Cherem, which answers
to Anathema or cursing, because the sinner was cast out
• Ambros.in 1 Cor. xvi. * Hieron. in 1 Cor. xvi. Interprota-
tur, Doininus noster vcnit. ' Au*. Ep. 178. rfive AUeicalio
cum Pascenlio. Aiiallionui Grtcco srrmone dixit, Coiultinnatus: Maranatha
tlffmivit, Doni'c Dominus retleat. — Non erp^o recti' clicilur Doniinum amare,
<iui Domini et Dei unius audct substantiani scpararc, &c.
' Vid. Pool. Synopsis (Jriticor. in I (or. xvi. 2i. ct Otlio Lexicon Rab-
binic, p. 180.
CHAP. 11.] CMUIBTIAN CIIUUCII. lO'.)"
with solemn execrations out of tlic law of Moses, 'iiic
third species, called Shammathn , was tlie most severe,
when a sinner, after all human means hud in vain been
tried upon him, was consi<;ncd over totally and finally to
the divine jndf^nient as a des[)erate and irrecoverable sinner.
The word Shammatha is upon this account said to signify
cither, There is death : or. There shall be desolation : or,
The Lord cometh: which last origination of the word
answers to Maranatha. Now from this analogy and simili-
tude of the name, these learned men suppose this form of
excommunication was taken into the Christian Church under
the name of Maranatha. But there is this grand objection
ag-ainst the thing*, that Chrysostom and St. Jcrom, and the
rest that have been mentioned, did not so understand it.
Besides, that no such word as Maranatha ever occurs
in any ancient form of excommunication. But still the
question may be put further, whether they had any such
excommunication, be the name or form what it would, as
was total, final, and irrevocable; so as utterly to exclude
sinners from the communion of the Church without hopes
of recovery ; and so as to make the Church wholly cease
to pray for them, or rather pray that God would take them
out of the world, and thereby deliver his Church from the
malice of their attempts, and power of their seduction ?
This question consists of several parts, and therefore as it
is proposed, so it must be answered with some distinction.
For first, there is nothing- more certain, than that the Church
did sometimes pronounce a total, final, and irreversible sen-
tence of excommunication against some more heinous cri-
es
minals, keeping- them under penance all their lives, and
denying- them her external peace and communion at the
hour of death for example and terror ; yet not precluding'
them the mercy of God, nor denying- them the benefit of
her prayers, but encouraging- them to hope for favour upon
their true repentance at God's final and unerring judg-ment.
In this sense, I say, it is most certain the Church did many
times make her sentence of excommunication irreversible, as
will be shewn more fully hereafter.*
' Book xvii.
no THE ANTIQUITIES OF THE [dOOK XVI.
Sect. 17. — Wlicthor Excoiniminication was over pronounced with Execra-
tion or (lovoting the Sinner to temporal Destruction.
But secondly, it is not so apparent, that the Church was
used to join execration to her censures, and devote men
to temporal destruction, by utterly refusing to pray for
them, or ratlier praying- agr.inst them, that God would
take them out of the world, and deUver his Church by that
means from their maWcious power, and machinations of
seduccment,* Grotius thinks this was very rarely done,
but yet tliat there are some examples of it. For when Julian
added to his apostacy devilish desig-ns of rooting" out the
Christian religion, the Church used this weapon of extreme
necessity, and God heard her prayers. He reckons this
was done in imitation of the Jewish Sha7mnatha. For
among the Jews, he says a little before, if any fell into
enormous crimes, and drew many after them, they did not
use the common Anathema against them, but that more
dreadful and tremendous one, which they called Shammafha,
and the Apostle after them, in the same sense, Maranatha.
For Maranatha signifies The Lord cometh. And by that
word prayer is made unto God,^ that he would speedily take
away the malefactor and seducer out of the world. An
example of which sort of Anathema, he thinks, is given
by the Apostle, Gal. v. 12. when he says, " I would that
they were even cut ofF that trouble you.'^ The learned Dr.
Hicks in this matter joins entirely with Grotius, seeing no
other way to account for the many prayers made by the
ancient Christians for Julian's destruction. Some indeed
fasted and prayed for his repentance and conversion, as
supposing he might be recovered from his error. Thus he
tells us out of Sozomen,^ how Didymus of Alexandria
prayed for him. But others absolutely prayed for his de-
' Grot, in Luc. c. xxii. IIujus sane rarior est usus, non tamen nullus
Nam in .Tulianum, cun\ defectioni adderet inachinationes overtendi Cliristi-
anismi, usa est ecclesia isto cxtremae necessitatis telo, ct a Deo est exau-
dita. * Ibid. Efi voce oratur Dens ut quaniprinium talem
maleficum et seductorem toUat ex hominum numero. Hujus anathematis
Bxempluin est. Gal. v. 12.
" Hicks Answer to Julian, chap. vi. p. 150. ex Sozom.lib. vi. cap. 3.
CHAP. 11.] ^; CHRISTIAN OUURCH, 111
stiuctiou, as iliinking him utterly incapable ol" repentance,
and that he had snined tlie sin unto deatli, for whifh it was
in vain to pray. Then he goes on to shew the nature ol"
his apostacy, liis devotedness to the devil, and his spite to
Christ and tlie Christians : from whence he concludes,' it
was reasonahle for the Christians to look upon him as irreco-
verable out of the snare of the devil, and upon that sup-
position to pray for his destruction. Vie adds several other
arguments to shew the reasonableness of their presumption
that Julian had a diabolical malice against Christ,-^ and that
he was one of those irrecoverable apostates, who had
trodden under foot the son cf God, and counted the blood
of the covenant, wherewith he was sanctified an unholy
thing, and who had done despite to the spirit of grace.
Me had hardened his heart against divine miracles, like
Pharaoh, and therefore it is no wonder, if some of them
called for the plagues of Egypt upon him.^ He reproached
the living God, like Senacherib, and that made some of
them, like Hezekiah,* to beseech God to bow down his ear
and hear ; and to open his eyes, and see, how Julian re-
proached the Son of God ; and thereupon to say, *' O Lord
our God, we beseech thee to save us out of his hand, that
all the kingdoms of the earth may know, that thou art the
Lord God, and that Jesus, whom Julian doth so reproach,
is thy Son and Christ." Gregory say^,* he designed worse
things against the Christians, than Diocletian, Maximian,
or Maximinus ever did ; that he was Jeroboam, Pharaoh,
Ahab, and Nebuchadnezzar all in one ; Jeroboam in apos-
tacy, Pharaoh in hardness of heart, Ahab in cruelty, and
Nebuchadnezzar in sacrilege; and therefore it is not to be
wondered, that the Christians, who had such good reason to
despair of the conversion of such a complicate tyrant prayed
for his destruction, because there was no other apparent
way of delivering* the Church. And if it should please God
for our sins to plague the Church with such a spiteful enemy
r » Ibid. p. 143. « Ibid. p. 151. « Naz.
Invectiv. ii. p. 110. * Naz. Invect. ii. p. 123.
* Naz. Invccv. i. p. 93, 110 and 111.
lliJ THE ANTIQlMriES OF THE [bOOK XVt.
of Christ, and suffer a popish Julian indeed to reign over us,
" I liere declare," says he, " that I should believe him incapa-
ble of repentance, and upon that supposition should be
tempted to pray lV)r his destruction as the only means of
delivering- the Church.'" Thus far that learned man in his
account of the [)ractice of the primitive Christians, and
their reasons, in praying for the destruction of Julian the
Apostate.
To this may be added, what St. Jerom says, upon the
death of Julian, that the Church of Christ with exulta-
tion sung her thanks to God in the words of the Prophet,
according to the Septuagint, " Thou hast even to our asto-
nishment divided the heads of the powerful," Which is
also noted by Theodoret, who says, the people of Antioch
as soon as they heard of Julian's death, kept public feasts
and holidays for joy, and not only in their churches, but in
their theatres proclaimed the victory of the cross, exposing
the heathen prophecies to ridicule,^ particularly those of one
Maximus a magician, whom he had consulted : " O foolish
Maximus where are now thy prophecies'? God and his Christ
have overcome." So again he tells us of one Julianus Saba,^
who had it revealed to him in his prayers that Julian was
slain : upon which he immediately changed his tears into
joy, and put on a clieerful countenance, expressing the in-
ward satisfaction of his mind. Which the by-standers ob-
serving, desired to know the reason of his sudden change,
and he told them, that the wild boar, who laid waste the
vineyard of the Lord, had now suffered punishment for all the
injuries he had done against the Lord; that he now lay dead,
and they needed no longer to be afraid of his designs
against them. Upon which they all leaped for joy and sung
praises to God for the victory. Now it is probable, that they
who thought it their duty thus to give God thanks for his
fall, were no less solicitous beforehand to pray for his de-
struction. Their thanksgivings were a declaration what
sort of prayers they had made, and they coulu not but
' HicTon. in Habac. iii. 14. Ecclcsia Christi cura cxultatione caiUavit
(Uvisisti in stupore capita potontiuni. ■■' Thcod. lib. iii. cap. S7.
^ Ibid. cap. xxiv.
CHAP, ir.] CHRISTIAN CHURCH. 113
rejoice w lien thoy were heard and answered. It is some con-
firmation of all this, that Socrates says, thoy were used some-
times to cast men out of the Church with execration, as ho
notes of one Hermogenes, a Novatian bishop,* who for some
hlasphemous books that he hud written, was solemnly e.\-
comiiHinieatcd, /utcI KUTUfycu;, with cursing", which in all
probability denoted something- more than the common ana-
thema that accompanied every excommunication.
It is also noted by Socrates, lib. i. cap 37. that Alexander,
bishop of Constantinople, prayed thus against Arius : "If
the doctrine of Arius be true, let me die before the day
appointed for our disputation: but if the faith, which I hold
be true, and the doctrine of Arius false, let Arius by the time
determined suffer the punishment, which his impiety de-
serves." Which was accordingly fulfilled: for Arius the
next day voided his entrails with his excrements, and so
perished by a most ignominious death. The same is related
by Atlianasius, in his epistle to Serapion, tom. i. p. (571.
who says, he prayed to God in these words : " "^Apov^'Aptiov,
Take Arius out of the uorld.^'' All which shews, that in
some special cases they made no scruple to devote very
malicious and incorrigible apostates to extermination and
destruction.
Yet on the other hand St. Chrysostom was utterly
against this practice. For he has yt whole homily upon
this pointy that men ought not to anathematize either the
living or the dead ; they may anathematize their o{)inions
or actions, but not their persons. Where, as Grotius
rightly observes,^ he takes Anathema in the strictest
sense, for praying to God for the destruction of the sinner.
Against this he arg'ues from these several topics. 1. " Be-
cause Christ died for all men, for his enemies, for tvrants,
for magicians, for those that hated and crucified him."*
2. " Because the Church in imitation of Christ daily prays
for all men." 3. " Because the Christian religion rather
obliges us to lay down our own lives for our neighbours,
' Socrat. lib. \ii. cap. xii. * Grot, in Luc. vi. 'J2,
* L'hrys. Horn. Ixxvi. tic Anaflieinnte. tom. i. p. 909.
VOL. VI. . I
lit THK ANTlQUiriKS OF TU'i [bOOK XVI.
than take avvay theirs." 4. " It is usurping- npon the pre-
rof»-ative of Christ. For what is such i\n Anathema \mt
sayino-, let him ho ciiven to the devil, let him have no phiee
of salvation, let him he separated from Christ ? ^^'ho g-ave
thoe this authority and power ? Why dost thou assume the
dignity of the Son of God, who shall sit in judgment, and
set tlie sheep on his right hand, and the goats on his left ?"
5. " The Apostles had no such practice in excommunication.
They cast heretics out of the Church in such manner, as
one would phiek out a right eye, or cut off a limb, with
indications of compassion and sorrow. They carefully
rebuked and expelled their heresies, but did not thus ana-
thematize their persons. 6. It is an absurd practice, whe-
ther it be used toward the livino, or the dead. J f toward
the living, thou art cruel in so cutting off one, who is still
in a capacity of turning and chatiging his life from evil to
good : if toward the dead, thou art more cruel ; because
now to his own master he stands or ftills, and is not under
any human power." From all this he concludes, " That
we ought only to anatliematlze the impious and heretical
opinions of men, but to spare their persons, and pray for
their salvation. There are some, who make a question,
whether this is one of Chrysostom's g'enuine discourses ;
but without any good reason; because the matter and style,
as Du Pin observes, argue it to be his, and there are other
argum.cnts to prove it genuine.' Sixtus Senensis and Ha-
bertus think,^ he speaks only against private men's
usiner the anathema ajrainst heretics: but it is
plain, he argues against the public as well as private
use of it, in the sense wherein he takes it, that doc-
trines, and not men, are to be anathematized : we are to pray
for the persons of heretics, when we condemn their opinions ;
and desire their conversion and salvation, not their destruc-
tion. The only thing that can truly be inferred from hence is,
that St. Chrysostom had different sentiments about this mat-
ter from some others. They thought there wore some cases,
' Sixf. flcnens. nihliothoc. Hb. vi. AniioUt. 'iCt? ' Hahorl.
Arrhioral. p. 74S.
CMAF. 111.] CHRISTIAN CHURCH. 1 1 i*
in wliic'li it was liiwCul to pray for the tlestructlun of very
malicious aiul incorrigible sinners, sucli as Julian, vvlien
they were past all hopes, and there was no other visible
way to save the Church from their hellish desig-ns, but by
their destruction : he thought there was no such case ; but
that every man was capable of pardon so long- as he lived
in this world, even though he had committed what others
called the unpardonable sin ag-ainstthe iloly Ghost, and the
sin unto death, of which he had a different notion from what
some others liad ; and therefore that we were to pray for
every man's conversion, and not his destruction. This, as far
as I can judg-e, was the different sense which the Ancients
had upon this most difficult matter: and if they varied upon
the point in so nice a case, it is not much to be wondered at
since the Moderns are not agreed upon it, but some Churches
as I shewed before out of Du Moulin, forbid all such
sort of excommunications, as unfit to be used without a par-
ticular revelation. 1 have stated the matter fairly on both
sides, and leave the determination to the liberty and discre-
tion of every judicious reader.
CHAP. III.
Of the Objects of Ecclesiastical Censures, or the Persons
on whom they might be inflicted: with a General Account
of the Crimes, for which they were inflicted.
Sect. 1.— All Members of the Church, falling into great and scandalous
Climes, made liable to ecclesiastical Censures, without exception.
Having thus far explained the nature of ecclesiastical
censures, and the several kinds of them, we are next to
consider the objects or persons, on whom they might be
inflicted^ and the crimes, for which they were inflicted on
them. TAs to the persons or objects of ecclesiastical cen-
sure, tney were all such delinquents, as fell mto great and
scandalous crimes after baptism, whetlier men or women,
priests or people, rich or poor, princes or subjects: /for the
ecclesiastical discipline made no distinction, save when the
I 2
11 G THE ANTIQUITIES OF THE [bOOK XVI.
multitude of sinners combining* together, made it impossible
to put Churcli-censures in execution, or made it hazardous
for fear of doing" more harm than cood bv the strict execu-
tion of them. Infidels and unbelievers Vvere not considered
in this matter, as being- no members of the Church: accor-
ding- to that rule of the Apostle, 1 Cor. v. 12. " What
have I to do to judge them also that are without"? Do not
ye judge them that are within ? But them, that are without,
God judoeth. Tlierefore put away from among yourselves
that wicked person."' Catechumens were in a middle state
lietween Heathens and Clsristians, only candidates of bap-
tism, and not jet admitted to full communion by the laver
of regeneration and adoption of children : and therefore
neither were they the proper objects of Church-discipline,
save only as they were capable of being thrust down into
a lower class of their own order, if they committed any
crime deserving such a degradation, of which I have given
some account already,^ in speaking of the institution of tlie
catechumens. Here wc take discipline, as respecting- only
tliose, that wore called the TiXuoi, perfect communicants,
or persons in full communion with the Church.
Sect. 2. — Women as avcU as Men.
In censuring these the Church made no distinction of
sex or quality. I'^or women were, subjected to discipline,
as well as men. Valesius say s,^ they were very rarely put
to do public penance; and Bona^ s^ys, never at all for the
three first ages, but they wept and fasted and did other
works of repentance in private. And some take that canon*
of St. Basil in this sense, where he says, if a woman was
convicted of adultery, or confessed it herself, bv the ancient
rules she was not to be made a public example " ^rifiomtveiv
kK tKcXivcrav oi Trart'otc-" But Cyprian and Tertullian and
tiie ancient Canons make no such distinction ; neither is
' Book X. chap. ii. sect. 17. ^ Vales, in Social, lib. v.
cap. xix. " Biina. Rer. liitiirar. lib. i. cap. xvii. n. 5.
* Basil, can. xxxiv.
CHAP. 111.] CHRISTIAN CHl'RCH. 11~
it probaMc, tlmt wlioii niullitiidt's both of iTicv. aiul \v(jiii .11
fell (){)inlv into idolatry in times of pcrseculioii, (liat tlio
cue (lid |)ul)lle and the other private penance onry. For
Cyprian never speaks of any but the public Exomolojesis
or confession, and public imposition of hands to reconcile
penitent.s ao-aiu after lapsing- :^ and yet there it had been
proper to have made the distinction between men and
Avomen, if he liad known of any such distinction in the
practice of the Church. But whether their penance was
public or private, the case is still the same as to the exer-
cise of discipline upon them. For they were certainly
excluded from communion, and that sometimes for many
years, and in some cases even to the hour of death, as
appears from many canons of the Council of Eliberis,^
Ancvra,-^ and others. And this is a sufficient indication of
their bein^- liable to ecclesiastical censure, as well as men.
Nay there are some undeniable instances of women doing-
public penance, as Bona owns, in the time of St^ Jcrom :
for he speaking- of Fabiola, a rich Roman lady, who had
divorced herself 'from her first husband for adultery, and
married a second, says, that after tiie death of the
second husband, when she came to consider the unlaw-
fulness of the fact, she put on sackcloth, and made public
confession of her error in the Lateran Clmrch,* in the sight
of all the people of Rome ; standing m the order of peni-
tents in Lent, and in a penitent garb, with her hair dissol-
ved, and -her cheeks wan with tccyrs, submitting her
neck to imposition of hands ; the bishop and presbyters
and all the people weeping with her. 'ihis seems to
have been a voluntary act of penance, as there were
many such in those days, when men chose to expiate even
' Cypr.de Lapsis. p. 128. Ep. xvi. al. x. p. 37. Vid. Baluz. ad Horn.
i. CEesar. Arel. Bihl. Pat. toin. xxvii. Ed. Liigd. p. 340.
« Cou. Elib. can. 5, 8, 10, V>, 13, U, 03, (So. * Cou.
Ancyran. can. xxi. * Hieron. Ep. 30. Epitaph. Fabiola;.
Quis crederet, ut post mortem secuiidi viri iii.se>net ipsam reversa — Sac-cum,
induere.t, ut errorem publice fatcrttur, et toti urbe spectante Romanri ante
diem Pasclise in Basilica Laterani slaret in oidine poenitontinni, episcopo,
piesbyteris et onini populo collachrymantibus, sparse crine, ora lurida,
qualidas nianus, sordida colla subniiltertt J
118 THt: ANTIQUITIES OF THE [kOOK XVI.
private crimes by public penance ; but if it liaJ not been
customary at all for women to do public- penance, St.
Jerom would have noted the singularity of it in that respect,
rather than any other. But he seems to place the singula-
rity of it in this^ that she condescended of her own accord
to do public penance in a case, where no laws of the Church
could have obliged her to it. For whilst her husband hved,
no constraint could be laia upon her : it being- a rule not to
admit married persons to public penance without consent
of both parties :* and when her husband was dead, her crime
perhaps was one of that nature, which did not directly bring
her under the power of ecclesiastical censure, but by her own
consent. For, as we shall see more by and by, there were
many crimes of that nature, which, though allowed to be sins
of no mean size, vet could not brin^ men ajrainst their wills
to a course of public penance by any laws of the Church.
Skct. 3. — T!ie Rii.-h as well as the Poor. No Comniulation of Ponauce
allowed, nor Friendship nor Favour.
But where the crimes were flagrant, and such as the
Church could take cognizance of, there she usually pro-
ceeded without respect of persons. INo regard was had to
the rich more than the poor, but all criminals were consi-
dered alike, in the business of repentance, as equally obli-
ged to comply with the stated rules of discipline, in order
to gain admission into the Church after an expulsion.
There was but one door of re-entry, which is so often called
Justa and Legitima Pce-nitentia, the just and legal penance,
by Cyprian^ and other writers: and no commutation was
thought an equivalent, where this was wanting. Which
is evident from this, that they would not accept any gifts or
oblations from excommunicate persons, or heretics, or
schismatics, or any that were not in full communion with
the Church,^ lest this should look like communicating- with
' Con. Arelat. ii. can. 2-.?. P<onitentiani conjugatis non nisi ex consensu
dandaiii. * t3yi"'- 1^1'- x. al. xvi. ad ( ler. p. 37, Kp. liv. al. Ivii.
ad Cornel, p. 110. Ep. Ixii. al. iv. p. 9. De Lapsis. p. 1-29. Con. Flliber.
^an. xiv el can. iii.
* See before, Chap. ii. sect. xiii. and Book xv. ehap. ii.
Cn^V. Ml.] CHRISTIAN CHURCH. Il'J
them boluie tlieir time, and receiving- llieir money in Ikmi ol
repentance. Cyprian indeed once intimates, that there
were some,* who for filthy hicre were inclined to accept per-
sons ; and who, to make a market of unlawful <>ain, would
gratify the rich and those, who could <;ive large gifts, to gd
tliem an easier way of admittance than hy the severe and
tedious way of a just and full penance : hut he very sharply
inveig-hs against these, and all their sinister arts of dissol-
ving-discipline, and ruining- men's souls, under pretence of
granting- them a fallacious and deceitful peace, which was
their real destruction.
Sect. 4". — What Privilege some claimed upon the Intercession of ihe Mar-
tyrs in Prison for them. And how this was answered by Cyprian.
One of these insiduous arts, which they managed with
some colour and dexterity, was to get the martyrs and con-
fessors in prison to intercede with bishgps for such, and
write letters in their favour. For we must know, that an-
ciently the martyrs were allowed this privilege, when any
penitent had well nigh performed his legal penance, and
was ne.ir upon being- received again, to write letters to the
bishop, that such an one might be admitted to communion,
though his full term of penance was not quite expired:
And so far tlieir petition was commonly accepted. But
these crafty men, for a little underhand gain, had got a
trick to desire the martyrs to intercede for such as had done
little or no penance: nay, they abused their privilege so far,
as peremptorily to require the admission of such, without
any previous examination of their merits: and sometimes
they required the bishop, not only to admit such a penitent,
but all that belonged to him ; which was a very uncertain
and blind sort of petition, and created great envy to the
bishop, when perhaps twenty,^ or thirty, or a greater num-
' Cypr. Ep. xi. al. xv.ad Martyr. p. 35. Qui personas accipientes, inbe-
neficiisvcstris aiit gratificantur, aut illicita! negotiationis nundinasaucupantur.
' Cypr. Ep. xi. al. xv. ad Martyr, p. 35, Audio quibusdain sic libcllos
fieri, ut dicatur: ("ominunicet ille cum suis. Quod nunquani omnino a mar-
tyribus (actum est, ut incerta et crrca pctitio invidiam nobis postmodvnu
cumulet. F.ate euim pat( t quando diiitur: Ille cum sui.s ; et possunt nobis
120 THt: ANTIQUITIES OF THE [BOOK XVI.
her of nameless persons were included in one liV)el, and the
l)ishop was forced to do a very un<2,TatefuI office, and deny
theinaltog-ether. Cyprian complains much of tliese abuses,
both in his letter to the martyrs, and in others written upon
the same subject to his clerg-y and people.' But chiefly he
complains of those iiliels, wiiich were sent to him by Lucian
the martyr, one of which runs in this form:^ " All the con-
fessors to Cyprian the bishop, g'reeting" : know that we have
i^ranted peace to all those, of wliom you have had an ac-
count how they have behaved themselves since the com-
mission of their crimes : and we would that these presents
should be notified by you to the rest of the bishops. We
wish you to maintain peace with the holy martyrs." This
Lucian had written many such letters before in tl;e name of
Paulus, the confessor, whilst he was in pri-on, and others
after his death, saying-, he had his command so to do. All
which Cyprian complains of, in a Letter to the Clerg-y of
Rome,^ as a thine dissolvinj>- all the bands of faith, and the
fear of God, and the commandments of the Lord, and the
holiness and vigour of the Gospel ; and as creating- great
6nvy to the bisiiops, whilst they were forced to deny to lap-
sers, what they boasted to have obtained of the martyrs and
confessors. This occasioned, he says, great seditions and
tumults: for in many cities throughout the province of
Carthag-e the people rose up in multitudes against their
bishops, and by their clamours compelled them to grant
them instantly that peace, which, they all said, the martyrs
and confessors had given them : they who had not courage
enough and strength of faith to resist them, were by this
means terrified and subdued into a compliance with them.
And he had much ado himself to withstand them at Car-
viceni, el triceni, ct aniplius offerri, (iiii propiiunii et aflTincs, vt libcrti ac do-
mestici esse asseverentuc ejus, qui accipit libellum.
' Cypr, Ep. X. al- xvi. ad Cler. Ep, xii. al. xvii. ad Plebein, Ep, xviii.
al. xxvi. ad Clcr. '^ liUcian. Ep. ad Cypr. xvii. al. xxiii. Scias
n08 universis, do quibus apud te ratio coustiteiit, (juid post comiiiissuin ege-
rint, dedisse pacem : et banc forniam per te et aliis episcopis innotescere vo-
luimus. Oi)laiuus te cum Sanctis martyribus pacem habere. Vid. Lucian.
Ep. XX. al. xxii. ad CeUrin. p. 47, ^ <^yi"'- 1^1'- xxiii. al. xxvii.
ad Cler. Rom. p. 5'i.
CIIAI'. 111. J CHRISTIAN CHURCM. 12 1
tliago : for some tiirl>u!c!it men, who wore hardly jrovorii-
able before, and thought it imicli to ho ki'pt hack from
cominuniun till ho loturned out of exile, when they had
gotten these letters of the martyrs, were all in a flame upon
the strength of them, and began to rage immoderately, and
in an extorting- manner demand the peace, w hich they said,
the martyrs had granted them.
By this re[)resontation of Cyprian, and his remonstrance
upon it, it is easy to discern what mischief the abusing* this
[)rivilog-e of the martyrs did to the true exercise of discipline;
whilst some out of lucre, others out of terror, complied with
the lapsers' unreasonable demands, and let the rich and the
great escape punishment, and intrude themselves into the
communion of the Churcli again without any sutliciont evi-
dences of repentance : but they, who, like Cyprian, had in-
teg'rity and {irnuiess enough to oppose those impious prac-
tices, kept up the discipline of the Church in its true vigor,
and would hearken to no pretences or conditions of this
kind, which only tended to impose upon them with false
shews of a deceitful peace, and profane the mystery of
the holy sacrament, by giving it to the impenitent and the
ungodly.
Sect. 5. — Magistrates and Princes subject to Ecclesiastical Censures, as
well as any otliers.
Neither was it only men in a private condition they
thus treated, but also those of the highest rank and dignity.
For the civil magistrates and princes were subject to eccle-
siastical censures, as well as any others. In the times of
persecution, the very taking of some civil offices made
Christians liable to excommunication. Pnrticularly if they
took upon thom the ollice of the Duumviri, or the provin-
cial office of the Flamines or Sacerdotes Provinciarum :
because, as Gothofred shews out of many laws of the
Theodosian Code,' these offices obliged them to exhibit the
usual games or shews to the people: which in time of
heathenism could not be done without involving' them in
' Gothofred. Paratition. ud Cod. Theod. lib. xv. tit. 5. de Spectaculis.
122 THE ANTIQUITIES OF THK [bOOK XVI.
soiiK' measure in the guilt oi'idolatiy, to which those jj;ames
were couseciated. For which reason any Christian under-
taking- such an office, was reputed an encourag-er and par-
taker of idolatry, thoug-h he did not actually sacrifice to
idols in his office. Upon whicli account the Council of
Kliberis,' whicli was held in time of persecution, Anno
305, or thereabouts, orders, '• that if any Christian took
upon him tlie office of a ilanien, though he did not sacrifice,
but only exhibit the idolatrous shews to the people, he
should be kept under strict penance all his life, and only be
adnutted to communion at iiis death; and that in conside-
ration, that he had abstaiised from offering- the abominable
sacrifices:" for if he had oiferod sacrifice, then, by the pre-
ceding eanon^ he was denied communion to the very last.
Nay, thougii they had neither sacrificed, nor exhibited the
shews out of their expense to the people, but only worn the
crown in their office, by two other canons of the same Coun-
cil,^ they were to be denied the communion for a year or two.
So that the being- in a public office, was so far from ex-
empting a magistrate from the censures of the Church, that
in many cases it was the very reason why they were execu-
ted with greater severity upon him, whilst no man could g-o
throuo-h such an office without the guilt and stain of idola-
try in some measure sticking- to him. And when these offi-
ces were freed from idolatry ; yet if a magistrate still com-
mitted other crimes worthy of ecclesiastical punishment, the
censures of the Church, notwithstanding- his office, would
lay hold of him, and the name or character of a magistrate
would give him no protection. This appears plainly from
the proceeding's of Synesius ag-ainst Andronicus,* the
governing- magistrate of Ptolemais, whom he formally ex-
' Coi. Kliber. can. iii. Flamiiu-s, (nii non iimnolavcrint, sccl iniinus tan-
turn ded('rint,co quod se a funestis abstiiuuTunt .sjicriiiciis, i/lacuil in tine eis
pripstari communionera, nctfi tameii le^itimii poenitcntia.
^ Ibid. can. ii. Flamincs, qui post fidt'in lavacri sacrificaverunt, plaruit nee
ill line eos accipeie comniuiiioniin. * Con. Elibcr.can. Iv. Sacer-
dotes, qui tantum coronam portant. nee sacrificaTit, ncc de suis sumplibus ali-
quid ad idola pncstant, placuit post biennium accipere comninnioncm. If.
can. Ivi. Mas^istratum Tero, qui ajjit duumviratum, uno anno prohibcndum
placuit, lit scab ecclcsifi cohibcat. * Syncs. Ep. Iviii.
CHAP. III.] CHRISTIAN CHURCH. 123
comtmiiiicatod with all his accornpliccs : and from what lias
been ohsei ved bolore,' of the judge that was censured in
the time of Julian, mentioned by St. Ambrose f and
Athanasius excommunicating" the governor of Libya for his
immoralities, mentioned by St. Basil,^ which need not
here be repeated. To these I add tliat general rule of
the first Council of Aries, made with relation to all govern-
ors of provinces, that whon they went to the government of
anv [)rovince,* they should take communicatory letters from
their own bishop along with them, and be subject to the
care of the bishop of the places wherever they went ; so as
if they committed any thing' contrary to the public disci-
pline, they were to be excluded from the communion of the
Church. This was no rule to deprive magistrates of their
office, though they were heretics or schismatics, as Baronius^
would have it understood : for as Albaspiny in his notes
upon the place more truly observes against him, there is
not a word about this in the canon : neither is it likely, that
a provincial Council should make a decree about that, which
is no way in their power,, but in the power of the prince
only. They might order, and tliat with good reason, he
says,° " that no heretic or schismatic, although he was the
g-overnor of a province, should be admitted to communicate
with the Church : but that therefore he should be removed
from his g-overnment, because he was an heretic, was at the
will and discretion of the prince, and not of the Church : it
belongs to the prince and not the Church, to take away the
power of subordinate magistrates from them." The plain
drift therefore of this canon is not to deprive inferior magis-
trates of any civil power or jurisdiction, which the supreme
mairistrate committed to them : which the Church had no
authority to do : but only to deny them her own communion,
' See chap. ii. sect. 11. - Ambros. Ep. xxix. ad Theodos.
^ Basil. Ep. xlvii. * Con. Arelat. i. can. 7. De Pi-icsidibus
placuit, ut cum promoti fuerint, literas accipiant ecclesiasticascomniunica-
torias : ita tamen ut in quibiiscunque locis gpsserint, ab opiscopo cjusdfm
loci cura de illis agalur; ut cvun ctuperint contra discipliiiam publicam
agere, tunc demum a cominunione excludantur. Similiter et do his fiat qui
venipublicam ac;ere volunt. ' Haron, an. 314. n. '}7.
* Albaspin. in can. vii. Con. Arelat.
124 THE ANTIQUITIES OF THIi [bOOK XTI.
if unworlliy of it ; which was a tiling- then uncontested, and
indisputably witliin the limits of her power.
Neither need we wonder at this, since the Church laid
claim to an higher power, even of excluding- princes, or the
supreme magistrates, from her communion, when guilty of
notorious violations of the laws of Christian society ; of
which there are certain evidences both in the doctrine and
practice of the ancient bishops of the Chuich. The story,
\vhich is related by Eusebius concerning the Emperor
Philip, though disputed by many as to the truth of the fact,
yet is a sufficient evidence of the opinion of Eusebius, who
relates it.^ Now he tells us, " there was a tradition that he
was a Christian, and that on the vigil of the passover he
desired to communicate in prayers \^ ith the rest of the peo-
ple: but that the bishop, who then presided, would not
suffer him to enter, before he had confessed iiis crimes, and
joined himself to those, who had sinned, and stood in the
place or order of the peniients. For otherwise he could not
be received by him, for the many crimes which he had com-
mitted. Upon which the Emperor willingly obeyed, de-
monstrating- his sincere and religious disposition towards
the fear of God by the tenor of lus actions." Some ques-
tion the truth of the story ,^ and think, that it is a mistake of
Philip the Emperor, for one Philip, the Prcejecius Augusta-
lis of Egypt, who was a Christian : others defend it as a
true relation,^ only they think it was a transaction in pri-
vate, which IS the reason we have no account of it in hea-
then story. But whether tlie fact was true or fiilse, the
reflection made upon it by Eusebius is of great moment
in the present question. For lie, supposing him to have been
a Christian, says, " without such a compliance the bishop
would never have admitted him." Which remark is suffi-
cient to shew the nature of the Cinireh's discipline in gene-
ral, whatever becomes of the truth of this particular story.
Filesacus* and Vaiesius^ confound this story with the
' Euseb. Hist* lib. vi. cap. 34.
' Cave. Prim. Christ, part. i. rap. iii. p. IS. * Pagi. Critic,
in Baron, an. 247. n. G. ex Uuet. Origeniam. lib. i. cap. iii. n. \2.
* Filesac. Not. in Vincent. Lirin. cap. xxiii. n. \2b.
■" Vales. Not. in Euseb. lib. vi. cap. 34.
CHAP. III.] CHRISTIAN CHURCH, 123
relation which St. Chrysostom gives of Babyhis, denying-
cutrance into the Cliuieh to one of the Roman Kniperors,
up;in tiie account of a barbarous murder committed l)y liim
upon a son of some confederate prince, ^viio was entrusted
as an hostage? with him. Chrysostom names neither tlie
Emperor nor confederate prince, and the stories differ in the
whole rehition, but especially in tliis material circumstance,
that Philip is said to comply with the bishop's admonition
and stand in the order of penitents ; but he, wliom Clnysostom
speaks of, Avas so far from submitting- to the admonition of
Bubylas, that he remained incorrig-ible, aad grew enraged,
and cast him into prison, and loaded him with chains, which
the martyr ordered to be buried with him, wdien the tyrant
put him to death. So that this could not be Philip, but
Decius, the persecuting- heathen, under whom Babylas suf-
fered. However Chrysostom makes some curious remarks
upon the behaviour of Babylas, both in reference to his cou-
rag-e and prudence, which abundantly shew the spirit of
discipline then prevailing- in the Church. 1. For, first, he
remarks, that Babylas acted with the freedom and boldness
of Elias and St. John Baptist,^ driving out of the Church
not a tetrarch of a few cities, nor a king- of one nation; but
him, who governed the greatest part of the world: a mur-
derer, who had many nations, many cities, and a prodigious
army at his command ; one, that was in all respects terrible,
as well upon the account of his immense dominions, as the
fierceness and cruelty of his temper: him he expelled as a
vile and worthless slave, with as much intrepidity, constancy,
and bravery of mind, as a shepherd would drive away from
his flock a scabbed and infected sheep, to prevent the con-
tagion of the distemper from spreading to the rest of the
flock. Here he breaks out into a rapture, admiring- his un-
daunted mind, his lofty soul, his heavenly terror of spirit,
and angelical constancy, superior to a4l this visible world,
and only fixed upon God the Supreme King ; acting as if
he stood before the great judge, and heard him say, cast
out the wicked and infected sheep from the holy flock.
' Chrys. de Babyla. sive cont. Gentiles, torn. i. p. 740.
1 20 THK ANTIQUITIES OF THE [BOOK XVI.
2, Hence he observes, how fearless and undaunted Babylas
must be with respect to other men, who gnve such a speci-
men of his power over the Emperor. He could never act or
speak out of favour or hatred ; but with a mind equally for-
tified against fear and flattery, and all other things of the
like nature, which are apt to beset men, he stood iirm, and
did not in the least corrupt right judg-ment. 3. He re-
marks further, how he tempered his courage with Christian
prudence, observing- a decent mean in his behaviour, A
man of his undaunted spirit might have gone much further.
He might have railed at the Emperor, and reviled him ; he
might have pulled the crown from his head, and have beaten
him on the face : but his soul was seasoned with spiritual
salt, which taught him to observe a decorum in all his
manaofement, and do nothing rashly or foolishly, but by the
rules of right reason, which was a thing the philosophers in
their reproofs of king's seldom observed. 4. Hence he re-
marks, of how great advantage this example was to all men,
both believers and unbelievers. The unbelievers were
astonished at the action, and admired it: for they seeing
the intrepidity of the servants of Christ, could not but deride
the abject servility of those, who ruled in the heathen tem-
ples, when they observed them always more disposed to
worship their kings, than their gods or idols. Whereas
Babylas punished the injurious king, as far as it was lawful
for a priest to do ;' he pulled down the high spirit of the
prince; he vindicated the divine laws, when they were vio-
lated; he punished the king for his murder with a punish-
ment, that to all men of a sound mind is the most terrible of
any other. He did not, like Diogenes, bid him stand out of
his sunshine ; but when he thrust himself impudently with-
in the sacred boundaries of the Church, and confounded all
good order, he drove him from his master's house, as he
would have done a dog, or an oifending slave. And so the
holy man took down the confidence of unbelievers, who
were then the greatest part of the Roman Empire. And for
those, who had already embraced the faith of Christ, he by
' Chrys. ,de Babyla. sive cont. Gentiles, torn. i. p. 747.
CHAH. Ill, J cmUSTlAN CHURCH. IS*"
this net made them more circumspect and religions; not
onlv private men, but soldiers, criptnins, and p-eneials ;
sliewin-;- them, that amonc: Christians the prince and cliief
of all, are but names, and that he, that wears the crown,
when lie is to be punished and rebuked, is no more con-
sidered than one of the lowest order.' 5. Hence he con-
cludes, lastly, that this rare example of virtue, was matter of
instruction both to priests and princes, to teach princes to
submit to the rules of discipline, and priests to take courag-e
in the exercise of it: forasmuch as that the care of the
world, and what is done in it, is as properly committed to
them, as to him that wears the purple ; and that they oug-ht
rather to part with their lives, than part with or diminish
that power and authority, which God from above has con-e-
mitted to them. Any one may perceive by this discourse of
St. Chrysostom, what opinion he had of the power and ex-
tent of ecclesiastical discipline, even over sovereign princes:
not to pull off their crowns, and dethrone them ; not to ravish
away their temporal power, under the pretence of the spiritual
power being- superior ; nor yet to speak evil of dig-nities, or
treat them unmannerly, and revile them ; but only to debar
them from the communion of the Church, when by notorious
wickedness they rendered themselves altogether unworthy,
and realh incapable of it. Which is agreeable to that general
direction he gives in another place to the clergy, not to ad-
mit any one of notorious improbity, cruelty, or impurity to
the Lord's table: " although it be a commander," says he,^
" or a governor, or even he that wears the diadem, that
comes unworthily, prohibit him : thou hast greater power
than he. He adds a little after, if thou art afraicl to do this,
bring him unto me. I will not suffer any sitch thing to be
done : I will sooner give my own life, than the body of the
Lord unworthily: I v/ill shed my own blood, before I will
give that most holy blood to an unworthy man."
' Chrys. de Babyla. sive cont. Gentiles, torn. i. p. 749.
• Chrys. Horn. Ixxxii. sive Ixxxiii. in Mat. 705. K^v <rpar;jyoc i-'C V, "f?"
VTTapxoc, Kqiv avTOQ 6 to ^tuStjiia TTiQiKiifiiVOi, ai'aSiwc St irpoatiy KoXvcrov,
//f/^oi'a fxdvn rt)v fK»<fMV fX^'C-
128 THE ANTIQUITIES OF THE [BOOK XVI.
But there is none more famous tlian St. Ambrose for
his remarkable freedom in this matter with the greatest
of princes, whether in admonishing- them, or in denying
them the comnmnion upon the commission of some great
offences. Paulinus, th.e writer of his Life says, he sepa-
rated ]\Ia.\imus from the communion,^ admonishin"- liim
to repent for shedding the blood of Gratian l»is lord, if
ever he hoped to find mercy at the hands of God. So
when Valentinian was sohcited by Symmachus, the hea-
then governor of Rome, to restore the gentile rites, and
suffer the altar of victory to be repaired in the capitol ;
St. Ambrose wrote to him, and told him, among many other
arguments,^ " that, if ho thus gratified the Heathen in restor-
ing idolatry, the bishops could not bear or dissemble it
with a j)atient mind. Ho might, if he pleased, come to
church, but he would either find no priest there, or else
only one to resist him., and deny him communion." " And
what will you answer," says he, " to the priest, when he
tells you, the Church desires not your oblations, or gifts,
because you have adorned the temples of the Gentiles with
your gifts ? the altar of Christ refuses your gifts, because
you have erected an altar to the idol gods.''
But the most remarkable instance of his freedom was
shewn in his treatment of Theodosius the Great, after he
had inhumanly put to death seven thousand men at Thes-
salonica, without disting-uishing the innocent from the
guilty. When he had committed this fact, not being very-
sensible of his crime, he came to Milan, and according to
custom was going- to church ; but St. Ambrose met him
at the gate, and accosted him in this manner, as Theodoret'
relates the story: "You seem not to understand, sir, the
' Paulin. Vit. Ambros. Ipsum Maximum a coininunionis consortio segre-
gavit, admonens ut effusi sani^uinis domiiii sui — ageret pa5nitentiam, si sibi
apud Dcum velet esse consultum. * Ambros. Ep. xxx. ad
Vahntin. Junior. Certe episcopi hoc sequo animo pali et dissiimilare non
possuiit. Licebit tibi ad ecclcsiam convciiire: sed illic non invt'iiies ."uiccr-
dotea, aut iiDvenies lesistentt-in. Quid rcspondcbis sacerdoti dicenti tibi;
Munera tu non qu;crit ecclesia, quia ti-nipla Giwitiliuni niuneribus adornasti.
Ara Christ! dona tua rospuit, quoniam aram simulacris fecisti. " Theod.
lib. V. cap. IB. Vid. Aug. Honi. 4!). cx. W. loin. x. p. 202.
CHAP. III.] CIIUISTIAN CMUHCH 12!)
greatness of the murder you have committed. Your anger
not being- yet allayed, hinders your reason from considering
what you have done. And perhaps the greatness of your
Empire will not sulTer you to acknowk^dge your offence,
and power opposes itself to reason. But you must know,
that our nature is mortal and frail: our original is dust,
whence we were taken, and into which we must return
again. It is not fit, you should deceive yourself with the
splendour of your purple, and forget tiie weakness of the
body that is covered with it. Your subjects, sir, are of the
same nature with yourself, and you are a servant as
well as they: for we have one common Lord, and King, the
Maker of this universe. Therefore with what eyes will
you look upon the house of our common Lord^ with what
feet will you tread his holy pavement ? will you stretch
forth those hands still dropping with the blood of that
unjust murder, and therewith take the holy body of the
Lord? and then put the cup of that precious blood to
your mouth, who have shed so much blood by the hasty
decree of an angry mind ? Depart, I beseech you, and do
not aggravate and augment your former iniquity by the ad-
dition of a new crime. Refuse not those bonds, which the
Lord of all confirms from heaven above. It is but a small
thing that is laid upon you, but it will recover you to per-
fect health and salvation. The Emperor who had been
educated in the holy doctrine, and knew what were the
different oflSces of priests and kings, was so moved with
these words, that he returned to his palace with g'roans and
tears. Eight months passed between this and the festival
of our Saviour's nativity, and all that time the Emperor sat
lamenting in his own palace, and shedding rivers of tears.
Which Ruffin, the master of the palace, who for his fami-
liarity with the Emperor could take a great freedom with
him, observing, came to him, and desired to know the
reason of his tears. To whom the Emperor replied, you
make a jest of the thing, Ruffin : for you are not touched
with the sense of my misfortunes ; but I mourn and lament
in consideration of my calamity, that whilst the temple of
God is open to the very slaves and beggars, and they can
go in freely, and supplicate their Lord, it is inaccessible to
VOL, vr. K
130 THE ANTIQUITIES OF THE [bOOK XVI.
me; and besides all this, heaven is shut ag-ainst me : for I
remember the words of our Lord, which plainly say, Whom-
soever ye shall bind on earth, he shall be bound in heaven.
Then Ruffin said, I will g-o therefore to the bishop, if you
please, and intreat him to loose your bonds. The Emperor
replied, he will not be persuaded. For I know the justice
of the sentence which St. Ambrose has o-iven,andhe will
not out of any reverence to the imperial power, transgress
the divine law. But Ruffin insisted, and with many words
promising- to appease Ambrose towards him ; he bid him
g-o quickly, and he himself followed a little after, relying'
upon the promises of Ruffin. But St. Ambrose no sooner
saw Ruffin, but he said to him, Ruffin, thou art a very
shameless man. For thou wast the evil counsellor of so
g"reat a slaughter, and now thou hardenest thy forehead,
and hast cast away shame, neither blushing", nor trembling
for so g-reat a ravag-ement made of the imag^e of God.
Ruffin still went on with his supplication, and told him the
Emperor himself was coming". At which Ambrose, kindled
with a divine fervour, said, I tell thee before-hand, Ruffin, I
will not admit him within the divine g-ates: but and if he will
turn his empire into tyranny, and slay me also, I shall with
g"reat pleasure take my death. Ruffin hearing" this, sent one
immediately to the Emperor, to certify him of the bishop's
resolution, and to desire him to stay in the palace: but
the Emperor being on his way in the middle of the forum,
when he received the message, said, I will g-o and bear his
just reproofs. When he came to the holy boundaries he
would not enter into the Church, but g"oing" to the bishop,
as he sat in the saluting liouse, lie begged of him to ab-
solve him from his bonds. But Ambrose told him, this his
eomin"" was tyrannical: and that he now beo;-an to rage
against God, and trample upon the divine laws. The Em-
peror said, by no means : I do not offer myself against the
prescript of the laws, I do not desire to enter the Church
in an unlawful manner; but I entreat you to absolve me
from my bonds, and to remember the clemency of our com-
mon Lord, and not shut the gate against me, which the
Lord hath opened to all tliose, that turn to him with repent-
ance. W^hat repentance, then said the bishop, have you
CHAP. MI.] CHRISTIAN CHURf'H. I'il
shown since llie commission of so great a wickedness;
with what medicine have you cured your grievous wounds'?
The Emperor replied, it belongs to your office to prepare
the medicine, and cure those \vounds, and my part is to use
whnt von prescril)e. Then said Ambrose, forasmuch as you
have sufrered anger and fury, and not reason, to sit in judg--
ment and iiive sentence in matters before: now make a law,
which may render all judgment given in anger null and
void : when any sentence of death or confiscation is pro-
nounced, let there be thirty days time between that and the
execution, to wait for the judgment of reason. When this
term is expired, let the scribes again present the sentence
you have given before you, and then reason without anger
will be able to examine the sentence by her own judgment,
and discern whether it be just or unjust. If it be unjust,
cancel and reverse it : if just, corroborate and confirm it ,
and this number of days will be no prejudice to any righ-
teous sentence. The Emperor approved of the proposal,
and immediately ordered such a law to be written, and con-
firmed it with his own hand. Then St. Ambrose absolved
him from his bonds, and the Emperor took courage to enter
into the Church : but he would neither stand nor kneel,
while he made supplication to the Lord, but fell upon his
face to the earth, using those words of David, " My soul
cleaveth to the ground, quicken thou me according to thy
word ;" and tearing his hair, and beating his forehead, and
watering the pavement with drops of tears, with these in-
dications of sorrow he prayed for pardon. And so when
the time of the oblation came, he was admitted again to
make his offering at the holy table."
I have related this matter at full length in Theodoret's
words, because, as he there observes, it is such an illus-
trious instance of the virtue both of the bishop and the Em-
peror, showing the freedom and flaming fervour of the one,
and a great condescension, obedience, and purity of faith,
in the other. Theodoret adds, " That when the Emperor was
returned to Constantinople, he was pleased to say, he had
now learned the difference between an emperor and a bi-
shop; he had now at last found a guide to show him
what was truth : for Ambrose alone was worthy the name
k2
132 THE ANTIQUITIES OF THE [boOK XVI.
of a bisliop. So useful an impression, says our author,
does a reproof or admonition make, \vhen given by a man
of shiniiio- virtue."
After this it is needless to relate any later instances of
this kind of discipline exercised upon princes: but it may
be proper to remind the reader here ag-ain of that neces-
sary distinction between the greater and lesser excommuni-
catiun, the former of which separates a criminal from all
manner of society with the faithful, the other only from com-
munion and society in holy things in the Church ; and to
observe ^vith many learned men, that these excommunica-
tions of princes now mentioned, never went further than to
a prudent admonition, and suspension of them from the
sacrament and the holy offices of the Church. St. Ambrose,
says Bishop Buckeridge,* in answer to Bellarmin,did plainly
prohibit Theodosius from entering the church, and parta-
king of the sacraments ; but he neither delivered him to
Satan, nor reduced him into the number of publicans
or pagans, nor separated him from all society and com-
munion with the faithful. If Bellarmin spake properly
of the greater excommunication, the proof of a doubtful
matter lies upon him; if only of the lesser excommunica-
tion, or suspension, which forbids men entrance into the
Church, and communion in the sacraments, we do not deny
but that Theodosius was so excommunicated by St. Am-
brose. For St. Ambrose told him,^ he durst not offer the
sacrifice, if he was present. He thought he saw him in a
vision come to the Church, and then he durst not celebrate
because of his presence. He could not accept his oblation,
till he had power to offer, and till his offering would be
acceptable to God. He suspended him therefore from the
' Joan Roffens. (le Potest. Paprc Temporali. lib, ii. cap. xxxix. p. 637.
In his aper'6 prohibet Ambrosius Theodosium ab ingressu ecclesiae et coin-
munione sacranitMiforum, sed nee Satans traditnec in nunieruni publicanorum
et ethnicoruni ri-tligit, nee crrtu et conimuiiione tidelium separat. &c. See
Dr. Barrow of the Pope's Supremacy, p. 12. * Ambrcs.
Ep. xxTiii.adTheodos. OlTerre non audeo saerificium, si volueris assistere.
— Vcnisse visus es ad ccclesiani, scd mlhi saerificium offerre non licuit. —
Tunc offeres, cum sacrificandi acceperis facultatem, quaudo hostia tua ac-
cepta sit Deo.
CHAl'. 111.] CHRISTIAN CHLUCII. l')3
sacrament, l)iit did not lay upon him the Anathema, or
greater excommunication. Bishop Taylor takes excommu-
nication in this sense, \vhen he says,' " If we consult tlie
doctrine and practices of the Fathers in the primitive and
ancient Churches, we shall find that they never durst think
of excommunicating" kings. The first supreme prince, that
ever was excommunicated by a bishop, was Henry the em-
peror by Pope Hildebrand. He adds, that there is one por-
tion of cxcomtnunicalion, which is denying to administer the
holy communion to princes of a scandalous and evil life ;
and concerning- this there is no question but the bishop not
only may, but in some cases must do it. Christ says. Give
not that which is holy unto dogs, and cast not pearls be-
fore swine. Whatsoever is in the ecclesiastical hand by-
divine right, is as applicable to him that sits upon the
throne, as to him that sits upon the dunghill." But then he
says one thing, which, as I conceive, contradicts this : viz.*
" That this refusing- must be only by admonition and cau-
tion, by fears and denunciations evangelical, by telling him
his unfitness to communicate, and his danger if he do; but
if after this separation by way of sentence and proper minis-
try, the prince willbc communicated, the bishop has nothing
else to do, but to pray and weep and willingly to minister."
This not only contradicts what he just says before, that a
bishop is obliged in duty to deny to administer the commu-
nion to princes of a scandalous and evil life, but is directly
contrary to the doctrine and practice of St. Chrysostom
and St. Ambrose, who profess they would rather die than
give the communion to a prince that was utterly incapable
and unworthy of it.
Sect. 6. — In what Cases the greater Excommunication was forborn for
[ the Good of the Church.
Yet as to what concerns the greater excommunication, it
is certain that in some cases it was forborn, not only with
' Taylor. Duct. Dubitant. lib. iii. cap. iv. p. 004 * Tay-
lor. Ibid. p. 00.5. See also his Worthy Communioanl chap. v. sect. vi. p. 487,
134 THE ANTIQUITIES OF THK [bOOK XVI.
relation to princes, but the people also. For prudence
directed them to do every thing- for the g-ood of the Church,
and to use this severe weapon only to edification, and not
to destruction. And therefore when it was apparent, or
but hig-hly probable, that the intemperate and indiscreet
use of it might do more harm than g-ood to the Church,
there both reason and charity directed them to waive the
use of it, for fear of rooting- up the wheat with the tares
before the proper time of judg-ment. As to princes. Dr.
Barrow in a few words, which contain a great deal of an-
cient history, has further observed,* " That though there
were many sovereig-n princes in the primitive Church, who
were heretics and enemies to true religion, yet no ancient
pope seems to have been of opinion that they might excom-
municate them. For if they might, why did not Pope
Julius or Pope Liberius excommunicate Constantius, the
g-reat favourer of the Arians? How did Julian himself es-
cape the censure of Liberius? Why did not Damasus
thunder against Valens, that fierce persecutor of the Ca-
tholics? Why did not Damasus censure the Empress
Justina, the patroness of Arianism ? Why did not Siricius
censure Theodosius for that bloody fact, for which St.
Ambrose denied him the communion ? How was it that
Pope Leo, that stout and high pope, had not the heart to
correct Theodosius Junior in his way, who was the sup-
porter of his adversary Dioscorus, and the obstinate pro-
tector of the second Ephesine Council, which that pope so
much detested? Why did not that pope rather compel that
Emperor by censures, than supplicate him by tears ? How
did so many popes connive at Theodoric and other princes
professing Arianism at their door? Why did riot Simplicius
or Felix thus punish the Emperor Zeno, the supplanter of
the Council of Chalcedon, for which they had so much zeal ?
Why did neither Felix, nor Gelasius, nor Symmnchus,nor
Hormisdas excommunicate the Emperor Anastasius, yea
did not so much. Pope Gelasius says, as touch his nnme,
for countenancing- the oriental bishops in their schism and
' Barrow of the Popes Smircmacy. p, 12.
CHAP. HI. J CHRISTIAN CllUUCH. 136
refractory non-compliance with the papal authority? Those
popes did indeed clasi» with their eni^xior, but tiiey ex-
pressly deny, that they did condemn him with others whom
he did favour. We, says Pope Symmachus, did not ex-
communicate yon, O Em[)cror,' hut Acacius. If you mingle
yourself, you are not excommunicated by us, but by your-
self. And says Gelasius,^^ if the emperor is pleased to join
himself with those that are condemned, that cannot be
imputed to us. Wherefore Baronius doth ill,^ in aihrming
Pope Symmachus to have anathematized Anastasius;
whereas that pope plainly denied it even in those words,
which are cited to prove it, being rightly read : for they
are corruptly written in Baronius and Binius ; jE^^o* which
hath no sense, or one contradictory to his former assertion,
being put for Nego, which is good sense, and agreeable to
what he and the other popes do affirm in relation to that
matter ; — that they did not pretend to anathematize the
emperor with other heretics whom they so condemned."
Indeed there were three reasons whv the Ancients forbore
to anathematize sovereign princes. One was that, which
has just now been mentioned, because they thought they
had no power to excommunicate them in such manner, but
only to deny them the participation of the eucharist. Ano-
ther reason was, that heretical princes did in eftect excom-
municate themselves by deserting the Church, and joining
with heretics, and therefore the Church had no reason to
pronounce Anathetna ag'ainst them. A third reason was,
that the doing so might have done more harm than good
to the Church, by irritating and exasperating the minds of
heretical princes to persecute the Church with greater ma-
' Symmach. Ep. vii. Nos te non excoramunicavimus, sed Acacium. — Si
temisces, non a nobis, sed a teipso exconimunicatus es. * Gelas.
Ep. iv. Si isli placet se miscere damnatis, nobis non potest imputaii.
* Baron, an. 503. n. xvii. * Symmach. Ep. vii. Dicis quod,
mecum conspirante senatu, excommiinicaverim te. Ista quidem ego, sed
rationabiliter t'actiini a decessoribus meis sine dubio subsequor. So Baro-
nius and Binius read it, " Ista quidem ego ; " but the true reading is, ' Ista
quidem neyo, I deny that I excommunicaUd you.'' And yet Labee retains that
corrupt reading without any remark upon it. Con. torn. iv. p. 1298.
130 THE ANTIQUITIES OF THE [bOOK XVI.
lice, and thereby many weak members of the Church might
have been scandaHzed and offended. Tlierefore Bishop
Buckerido-e says,' " In such cases Avhere princes are tierce
and cruel, and impatient of reproof and indig-nity, it were
[lerhaps better to abstain from the severity of the lesser ex-
communication as well as the g-reater, rather than for a
bishop to provoke an armed fury to turn itself both upon
him and the Church : it were better to keep the sword in
the sheath, than to unsheath it to the detriment and de-
struction of the Church and religion. Therefore admitting
that of right kings and emperors might be excommunicated,
yet the expediency of the thing- is a very different question,
and remains yet not perfectly resolved, whether it be for
the advantage of the Church, to use such severity against
her patrons, her defenders, and her advocates, that is, em-
perors and kings."
And this consideration of expediency made St. Austin
and others determine, not only in the case of kings, but the
people also, that when the whole multitude were involved
in the same crime, cither by actual commission, or abetting,
or applauding the practice of it, that then the severity of
excommunication, especially in the highest deg'ree, could
not be used toward them with any sort of prudence, for fear
it should have either no effect, or a very bad one. When a
single criminal is separated by discipline from the society
of the Church, the being avoided by the rest is a proper
way to bring him to shame : but when the whole society,
or a considerable part of it is involved in a common crime,
there is no possibility of putting such a multitude of cri-
minals out of countenance, because they will encourage
and bear up one another: and therefore in that case to ex-
ercise severity of discipline upon them, is only to make it
despised by them, and throw the Cluuch into schisms and
convulsions, V)y the opposition of the turbulent and factious,
and to scandalize the weak and injudicious, who will be lead
away by the powerful side, and perish by rooting out the
' Joan. Roffcns de Poteslate Papsc in Tcmporalibu?. lib. ii. cap. xxxix.
CHAP. 111.] CMUlbTlAN CHURCH. 137
tares before the time. St. Austin arfruos this matter fre-
quently with the Donatists, vvlio were for having a Cliurch,
without spot and wrinkU) upon earth, antl for rooting- out
the tares wherever tliey found them, nhatever consequen-
ces might attend it. Though, he observes, they did not
keep to their own rule ; for they tolerated one Optatus Gil-
donianus, a most infamous man, noted for his villanies over
allAfric, and did not excommunicate him, for fear he should
have carried oli"a multitude with iiim, and have broken their
communion by new schisms and subdivisions among them-
selves. St. Austin^ does not blame them for this, but only
objects it to them as an argument ad homineni, to shew
them, that they ought not to blame the Church for doing
that in necessity, which they themselves were forced to do
upon the like occasion. As to the practice of the Church
he freely owns, she was forced many times to tolerate the
tares arnong the wheat, when they were grown numerous
and it was dangerous to eradicate them by the rough means
of severe discipline, for fear of overturning the Church,
and destroying its unity and peace by dangerous schisms, and
scandalizing more weak souls that way than they could hope
to gain by the other. It was so in Cyprian's time, he says,
and it was so in his own. He often repeats and urges upon
this occasion that famous passage of Cyprian in his Book
l)e Lapsis, where speaking of die reasons of God's visiting
the Church with that terrible persecution, he plainly inti-
mates, that such numbers both of the clergy and laity had
corrupted their morals, tliat good men could do nothing but
mourn, and keep themselves as well as they could from par-
taking in their sins : but that could not then be done by the
exercise of discipline, by reason of the numbers of all
orders that were to bo subjects of it; many of those who
were to e.xercise it, being themselves the most obnoxious;
* Aug. Ep. Ifii. ad Emeritam Donatistam. Non ergo reprehendimiis, si
eo tempore, ne inultos secuin excommunicatus traheret, et communionem
vestram schismatis furore pra!cideret, eum excommunicare noluistis. Vid.
Aug. Ep. 170. ad Seveiinum. Ep. 171 ad Donatistas. Cont. Epist. Parme-
nian. lib. ii. cap. 2. OptaUim Gildonianum dccennalem totius Africse gcmitum,
tanquain saccrdolem atque collogam honorantes in conimunione lenue-
runt, &i'.
13S THE ANTIQUITIES OF THE [bOOK XTI.
and it was not to be expected, that they should be very
forward to put in execution. So that tlie disease being grown
too obstinate and strong to be cured this way, there remained
no other remedy but the severity of a divine judgment, to
rectify by an extraordinary scourge, what human power
could not do in the ordinary way at such a juncture, " The
Lord," says Cyprian,' " was therefore minded himself to
prove his family, and because a long peace had corrupted
the discipline that was given us from heaven, the divine
judgment stepped in to raise up that faith, which was fallen
and almost laid asleep. All men's minds were set upon aug-
menting tlieir estates ; and forgetting what the tirst Chris-
tians did in the times of the Apostles, and w hat they ought
always to do, they by an insatiaV^le ardour of covetousness
only studied to increase tlieir fortunes. There was no true
religion or devotion in the priests, no sincere faith in
the ministers, no mercy in their works, no discipline
in their morals. Effeminacy and fraud were reigning
vices both in men and women. They made no scruple
to marry with infidels, and prostitute the members of
Christ to the heathen. They were equally given both to
profane swearing, and perjury, to contemn their governors
with swelling pride, to curse themselves with venomous
tongues, and with inveterate hatred and animosities to
quarrel with one another. Many bishops, who ought to
have been both monitors and examples to the rest, forsook
their divine calling, to take upon them the management of^
secular affairs ; and leaving their sees, and deserting their
people, they rambled about other provinces, seeking for
such business as would bring- them in gain and advantage.
In the mean time they suffered the poor of the Church to
starve, whilst they themselves minded nothing but heaping
up riches, and getting of estates by fraud and violence, by
usury and extortion. What did we not deserve to suffer for
such sins as these? Our crimes required, that for the
' Cypr. de Lapsis. p. 123. Dominus probari familiaiusuam \oluit, et quia
tradituin nobis diviiiitiis disciplinam pax lonffa corruperat, jacentem fideni,
*t pene dixeriin dormientcm censura ccclcslis crcxit, &c.
CHAP. 111.] CHRISTIAN CHURCH. 139
correction of our manners, and the trial of our faith, God
shoiiM hrinp;- us to soveror romcdies.'"
Cvprian here phiinly intimates, that in snch a corrupt state
of ailairs the disciphne of the Church coukl not he main-
tained, or be riglitly put in execution. He was forced to
endure these collegues of his, who were covetous, rapa-
cious, extortioners, usurers, deserters, fraudulent and cruel.
It was impossible to exercise Church-censures with any
g-ood cflect, when there were such multitudes both of priests
and people ready to oppose them, and distract the Church
into a thousand schisms, rather than suffer themselves to be
curbed or reformed that way : and therefore when no other
practicable method w^as left the divine censure was neces-
sary, as the last and only remedy.
And this is what St. Austin so often tells the Donatists,
that the Church followed the example of Cyprian in this
matter.^ " When we are not permitted to excommunicate
offenders for the sake of the peace and tranquillity of the
Church, we do not therefore neglect the Church, but only
tolerate \vhat we would not, to obtain what we would have,
using- the caution of our Lord's command, lest, whilst we
gather out the tares before the time, we should with them
root up the wheat also : following also the example and
precept of St. Cyprian, who endured with a view and
regard to peace, many of his collegues, who were usurers,
defrauders, rapacious, and yet he was not infected with
their contagion." So he says again, " The evil is some-
times to be endured for the sake of the good ; as ttie
Prophets tolerated those against whom they spake so many
hard things, and did not forsake the communion of the
sacraments used by that people because of them ; as our
Lord himself tolerated wicked Judas to the last, and per-
' Aug. Lib. ad Donatistas post Collationem. cap 20. Ubi hoc facere gratia
pacis et tranquillitatis ecclesiBe non permittininr, non tamen ideo ecclesiam
negligimus, sed toleramus qurc nolunius, ut piTveniainus quo volumus,
iiterites cauteia prtecopti Dominici, ne cum voluerimus ante tempus colligere
Zizania, simul eradicimus el triticum : utentes etiam et exemplo et prsecepto
Beati Cypriani, qui coUegas suos foeneratoies, fraudatores, raptores, paci»
contemplatione pertulit tales, nee eorum contagione factus est talis.
140 THE AiNTlQUITIES OF THK [bOOK XVI.
milted him to communicate in the same holy supper with
innocent disciples ; as the Apostles tolerated those, who
preached Christ out of envy, which is the Devil s sin ; and
as Cyprian tolerated the covetousness of his fellow-bishops,
which he himself, according- to the Apostle, styles idolatry."
St. Austin frequently urges this example of Cyprian in
other places.' And he argues further for the necessity of
the practice from the reason and nature of the thing- itself
and from the precepts of the Gospel. In his Book against
Parmenian he shews at large when excommunication or
anathematizing is to be used, and when not. " It may be
used, when there is no danger of rooting up the wheat
together with the tares :^ that is, when a man's crime is
so notorious to all, and appears so execrable to all, that he
has no defenders, or not so many or so powerful as to make
a schism, then the severity of discipline ought not to sleep,
for then it will be effectual to correct liis wickedness, when
all charitably and unanimously join to confirm the sentence.
And then it is, that there is no danger hereby of prejudicing
peace and unity, or of doing harm to the wheat, when the
whole multitude or cono-recation of the Church is free from
the crime that is anathematized. F'or then they will be
ready to assist the bishop in his correction, and not the
criminal in his resistance. Then they will abstain from his
society for his good, and no one w ill so much us eat with
him, not out of enmity, but for brotherly coercion. Then
he also will be smitten with fear, and cured by shame, when
he sees himself anathematized by the whole Church, and
can find no company to encourage him to rejoice in his
crime, or help him to insult the virtuous. And therefore,
he says, the Apostle requires, that such an one's punishment
or censure should be inflicted of many. For a censure is of
no advantage, except when such an one is corrected, as
* Aug. ep. xlviii. ad Vincent, p. 66. "Son propter malos boni deserendi,
sed propter bonos milli toli'iaiuli sunt, &c. Sicul tolcrinit Cyprianus col-
legarum avaritiam, ciiiam secunduinApostolum appcllat idololalriani. See to
the same purpose Aug. de Baptisino. lib. iv. cap. 9. Coiit. Epist. Parmen. lib.
ill. cap. 2. * Aug. cent. Epist. Parmen. lib.
iii. cap. ii.p. 2 i. ,
CHAF. 111.] CHRISTIAN CHURCH. 141
has not a multitude on his side to uphold him.' But when
the same disease has seized a multitude, good men in that
case can do nofhing- further but grieve and mourn. And
therefore the same Apostle, when he found a multitude
among- the Corinthians, who were defiled with unclean-
ness and lasciviousness and fornication, writing to tliem in
his second epistle, he does not command them, " with
such not to eat," as he had done before : for they were
many, and lie could not now say, " If any brother be a
notorious fornicator, or an idolater, or covetous, or the like,
with such an one no not to eat." But he says, " Lest when
I come again, my God will humble me among you, and I
shall bewail many who have sinned, and have not repented
of the uncleanness and lasciviousness, and fornication
which they have committed :" threatening them by his
bewailing, that they should be punished by the divine
scourge, rather than that punishment which consisted in
men's withdrawing from their society. His mourning would
obtain of the Lord a scourge to correct them, who could
not now by reason of their multitude be corrected in such
manner, as that others should abstain from their society
and make tliem ashamed, as it may be done in the case of
a single brother, who is noted for a crime, from which all
the rest are free. And indeed when the contagion of sin
has invaded a whole multitude, it is then necessary for God
to visit them out of mercy with the severity of his own
divine censure: for in that case exhortations to avoid the
company of sinners are not only vain, but pernicious and
sacrilegious, because impious and proud, tending more to
disturb good men that are weak, than to correct the stub-
bornness and animosity of the evil.'' And therefore he ob-
serves,^ " that St. Paul treated the single incestuous Co-
• Neque enim potest esse salubris a multis corrcptio, nisi cum ille corri-
pitur, qui non habet sociam multitudinem. Cum vero idem morbus plurimos
occupaverit, nihil aliud bonis restat quam dolor et gemitus.
' Aug. lib. ad Donatistas post CoUationem. cap. xxi. Non eis praecepit
corporalem separationem : muUi quippe erant, non sicutilleunus, qui uxorem
patris sui habuit, quern liberiorecorreptione et excommunicationejudicatdig-
num. Longt^ aliter iste, aliter vitiosa curanda et sananda est multitudo, n»
142 THfc: ANTIQUITIES OF THE [BOOK XVI.
rinthian, and the multitude that denied the resurrection in
a diil'erent way : he did not command the Corinthians to
make a corporal separation from tliem, for they were many,
not like that one, who had married his father's wife, whom
he judg-ed worthy of a freer censure and excommunication.
There was one way to be taken with a single person, ano-
ther to cure and heal a multitude, lest if the people were
divided from one another by parties, the wheat also should
be rooted up by the mischief of schism. And therefore the
Apostle does not enjoin those, who believed the resurrection,
to separate corporally from those, who did not believe it in
the same people, though he never ceases to separate them
spiritually, by frequent admonitions to beware of joining in
their impious opinions." He says further,* " When such
evil men are tolerated in the Church, good men, who are
displeased with them, and know not how to mend them,
neither dare to root out the tares before the time of the
harvest, for fear they should root up the wheat also, do not
communicate with their wicked deeds, but with the altar
of Christ: so that they are not only not polluted by them
but deserve divine praise, because rather than the name
of Christ should be blasphemed by horrible schisms, they
tolerate for the good of unity, what they otherwise hate for
the love of equity." This he shews to be a thing praise-
worthy from various examples both of the Old and New
Testament, and the practice of our Saviour and his Apostles,
which are too numerous and lonof to be here inserted. He
says more briefly in another Epistle,^ " that the wicked do
forte si plebs a plebe separetur. per schismatis nefas etiam triticiim cradi-
celur. Eos ergo qui jam credebant resurrectionem niortuoniiii, ab his qui
earn in eodem populo non crcdebant, non corporaliter Apostolus separat, sed
tamen spiritaliter separare non cessat.
' Aucf. Ep, 102. ad Episc. Donatistas. p. 2S0. Quibus displicent mail, et
eos emendare non possuiit, ncque ante tempus inessis audent zizania eradi-
care, ne simul eradicent et triticum, non factls eorum, sed altari Christi
communicant: ita ut non solum non ab eis maculentur, sed etiam divinis
verbis laudari prsedicarique mcreantur, quoniam ne nomen t'liristi per hor-
ribilia schismata blasphemetur, pro bono unitatis tolerant, quod pro bono
ffiquitatis oderunt.
* Aug. Ep. 164. ad Eraeritum. Cognitos nialos bonis non obesse in sc-
CHAP. III.] CHRISTIAN CHURCH. 143
not hurt the oood in the Church, though they be notorious-
ly evil, if either there be no power to cast them out of com-
munion, or some considerations of preserving peace hinder
thedoinirof it." And asrain,* " Although there be some
whom we cannot correct, and necessity compels us for the
sake of others to allow them to communicate in the divine
sacraments, yet we do not communicate with them in their
sins, which is never done but by favouring- and consenting
to them. For we only tolerate them in the Church as tares
among the wheat, and as chaff" mingled with the corn in
this floor of unity, and as bad fish among the good enclo-
sed in the nets of the word and sacraments, till the time of
harvest or winnowing or drawing to shore comes 5 lest with
them we should root up the wheat: or by separating the
corn in the floor before the time, rather expose it to the
fowls of the air to devour it, than purge it to be laid up in
the garner ; or should break the nets by schisms, and, by
over-abundaut caution to cast out the bad fish, should open
a way of pernicious liberty for the rest to return into the sea
no-ain. For this reason our Lord made use of these and
the like parables to confirm the forbearance of his servants
lest if the <rood should think themselves to blame for min-
gling with the evil, they should either destroy the w eak by
human and hasty dissensions, or themselves become weak
and perish. He pursues the same argument at large in his
epistle to Macrobius,^ and his Books against Gaudentius,^
and many other places : but what T have already produced,
abundantly shews his sense of this matter, and not only his
sense, but the concurrent opinion and practice of the whole
African Church both in the time of Cyprian, and the Colla-
tion of Carthage, to which he refers. So that upon the
clesia, si eos a communione prohibendi aut potestas desit, aut aliqua ratio
conservandae pacis impediat.
' Ep. 166. Quos corrigere non valemus, etiamsi necessitas cogit pro
salute caeterorum ut Dei sacramenta nobiscum comraunicent, peccatis tamen
eoium noil communicamus, quod non fit nisi consentiendo et favendo, &c.
■ A\ix. Ep. 255. " Cont. Gaudent.lib. iii. cap. 3, 6, 9,
&c.' It. Ep. Ixix. ad Reslitutum. et BreTic.CoUationis. Die iii. cap. 8. Vid.
CoUat. Carth. die iii. n. 258. et 265. et Aug. de Fide et Oper. cap. 4. et 6.
H4 THE ANTIQUITIES OF THE [BOOK XVI.
whole matter their opinion appears plainly to be this, that
when a multitude of sinners in the Church made it dang-e-
rous to exercise discipline upon them, it was more expedient
to endure the bad among- the g-ood, rather than by trying to
purge them out by the severity of censures, to endanger
breakinjr of the nets, and involve the Church in terrible
schisms, to the scandal of the weak, and no benefit to the
Church, whilst together with the tares they rooted up the
wheat also. And this practice in difficult times, is generally
allowed to be expedient by modern writers, among whom
the learned reader may consult Richerius,i Estius and Lyra,
Grotius^ and Bishop taylor,^ and Dr. Whitby,* and Rivet:
For I know of none but Peter Martvr,'' who maintains the
contrary opinion against St. Austin. But I return to the
Ancients and their practice.
Sect. 7. — The Innocent never involved among the Guilty in ecclesiastical
Censures. The Original and Novelty of Popish Interdicts.
Where, among other prudent cautions observed in this
matter, we may remark their wisdom and piety in managing
this spiritual sword, so as it might affect offenders only, and
not involve the innocent and guiltless in the same condem-
nation. That, which has been so common and so tyrannical
a practice with the popes of later ages, to lay whole
Churches and nations under interdict, and forbid them
the use of all sacraments, for the faults of a single criminal,
was so much unknown to the Ancients, that St. Austin
was amazed, when he heard of a young rash African
bishop, who in his warm zeal, for the single offence of one
Classicianus, and that not evidently proved, had anathe-
matized both him and his w hole family together. Complaint
" Richer, de potest. Eccles. in Reb. Temporal, lib. iii. c. iv. n. 7. p. 294,
Estius in 2 Cor. x. 6. Lyra Gloss, in Mat. xiii.
* Grot, in 2 Cor- X. 6. Neque enim duris remediis locus est, ubi tota
ecclesia in morbo cubat. ' Taylor Duct. lib. iii. cap.iv.
p. 610. ♦ Whitby Protest. Reconcil. par. ii. p. 257.
* Rivet. Synops. Pur. Theol. Disp. xlviii. n. 30.
• Pet. Mart. Loc. Com. lib. v. cap. v. n. 12. p. 784.
CHAl'. IJ/.J CHIUSIIAN ClIUKCH. \4')
of the tliiiia- !)elnu;- made to St. Austin, he thus writes to
the bishop, to expostulate with him upon the fact in these
terms.' " Being- in great concern of mind, and my heart
fluctuating' as in a tempest \\ithin me, I could not but write
to your charity, to desire you to inform me, if you have
any certain grounds of reason or authority of Scripture for
your practice, l)OW a sou can rig-htly be anathematized for
his father's sin, or a wife for her husband's, or a servant for
his master's ; or why a cliild that is yet unborn, if he hap-
pens to be born in the family, while it lies under /ina/A^wa,
may not have the bonetit of the laver of regeneration in the
article of death ? For this is not a corporal punislunent,
with which we read some despisers of God were slain with
their whole families, though the families were not partakers
in their crimes. Then indeed mortal bodies, which must
otherwise shortly have died, were slain, to strike a terror
into the living-. But spiritual punishment, of which it is
sai'i,' Whatsoever thou shalt bind on earth, shall be bound
in heaven, this also binds souls, of whom it is written, the
soul of the father is mine, and the soul of the son is mine :
the soul that sinneth, it shall die.' For my part I can g-ive
no just reason for such Anathemas, and therefore I have
never dared to use them, even when I have been most hiohlv
provoked by the clamorous crime of some, committed inso-
lently against the Church. If God has revealed it unto you,
I despise not your youtli, but shall be ready to learn, how
we can g-ive a just reason either to God or man, for inHic-
ting" spiritual punishments upon innocent souls for the sin
of another, from whom they derived no original sin, as they
do from Adam, in whom all have sinned. But if you can
g-ive no g-ood reason for it, why do you that, out of an un-
advised and precipitate commotion of mind, in defence of
which, if any man ask you a reason, you have nothing- to
answer," From this decent reproof g-iven to the head-strong-
' Aug. Ep. Ixxv. ad Auxiliuin. Nou luediocriter sestuans cogilationibus
magna cordis teiupestate fluctuantibus, apud charitatem tuaui taceie nou
potui: ut si habes de hue va seiitentiani, ceitis rationibus vcl scripturarum
testiinoniis exploi-atain, nos quoque docerc digncris : quoniodo rccte ana-
thematizetur pro paU-is pcccato filius, &c.
VOL. VI. L
14U TFIE ANTIQUITIES OF THE [bOOK XVI.
passion ot" fliis yoiini>- bishop, and his intemperate zeal in
anathematizing- a whole family for the crime of the master
ohiy, we may conclude there was no such allowed practice
In the Church in St. Austin's time, as excommunicating"
the innocent with the guilty, though the innocent might
have some near relation to, or unavoidable dependence on
the offending- parlies : much loss was it customary then to
lay whole bodies, Churches or nations, under interdict, and
forbid them the use of the sacraments, merely to curb or
restrain the contumacy of others, of which they were
wholly innocent, and no ways partakers. Which was a
monstrous and novel abuse of discipline, peculiar to the
tyrannical times of the Papacy, and utterly unknown to
former ages.' Baronius indeed brings a single instance of
it out of the Annals of France, where it is said, that Pope
Agapetus, Anno 535, threatened King Clotarlus to puthis
kingdom under interdict, unless he made satisfaction for a
barbarous and sacrilegious murder committed by him in the
church upon one Gualter do Yvetot, who carried the Pope's
letters of recommendation to him. But as this story is only
told by modern writers such as Du Halllan, whom Baronius
quotes, and Gaguinus, Gillius and Tillius, added by Spon-
danus. and has not the authority of any ancient writers ;
and has sornethinof also in the narration itself.which destroys
Its credit with judicious men ; Spondanus owns,^ there are
many learned men who reject it as a fable, prevailing- only
by the credulity of the French nation for many ages. And
therefore it is not worthy to be mentioned as a piece of
ancient history in the case before us.
J^ome date the orioinal of interdicts from the time of
Alexander III. about the year 1160. And indeed about this
time they began to be very frequent. Habertus says," Mo-
rinus carries them a little higher to the time of Pope Hilde-
brand or Greg-ory VII. who is most likely to be the father
of them,' for they are sometimes mentioned in his epistles.
' Baron. An. 535. i' A )| cntlico. torn. vii. p. i).
" Spoiulan. Epitpiu, Haion. an, 535. n. 18. ' Haberf.
Aii-tiicrat. i>. 7W. * Orev^. \ii. lib. i. pp. '^I. lib. ii. (ji. 5.
CHAP. 111.] CHRISTIAN CHIIKCH. 147
HtibeiUis himself pietonds to make tliem as ancient as St.
Basil. But the phice' out of Basil's Epistles, says no more,
but that when a whole Church make themselves partakers
of another man's sins they may be censured all together.
Which is very far from the indiscrimiiuating- censure of an
interdict, whic'i condemns a whole nation, and tliat com^
monly for no crime, but rather their du:y, for adhering* con-
scientiously to their natural allegiance due to their lawful
sovereigns, when the Pope is pleased to excommunicate and
depose them under pretence of the plenitude of ecclesi-
astical power, as any one, that would write the history of
interdicts, might easily demonstrate. Whatever St. Basil
meant, it is certain he had not this in his thoughts: neitlier
was it the usual practice of the Church to anathematize
whole bodies of men, though guilty, unless it was for
terror's sake, as has been shewn in the foreo-oins"
section.
Sect. 8. — The Danger of excommunicaUng innocent Persons.
As to innocent persons, all care imaginable was taken
that the censures of the Church should not be abused by
any indiscreet application of them to the condemnation of
the g-uiltless. In which case an unjust sentence was
thought to recoil upon the head of him that executed it.
Thus Firmiliian told Pope Stephen,^ '•' that in cutting-
off others, who did not deserve it, he cut off himself. Be
not deceived, for he is the true schismatic, who makes himself
an apostate from the communion of the ecclesiasiical unity.
For while you think you can excommunicate all others, you
only excommunicate yourself from them." In like manner
Polycrates, bishop of Ephesus, answered Pope Victor, when
he threatened to excommunicate him and all the Asiatic
Churches for not observing Easter in the same manner as
they did at Rome: he was not afraid of his menaces, lie
' Basil, ep. 244.
^ Firmil. Ep. Ixxv. ap. Cypr. p. 228. Excidisti teipsuin. Noli te fallere.
Siqnidem ille est verc sciiisniaticus, qui se a coinniunionc cccleslasticai
unitatis aposlatam fecerit. Dum enini pufas omnos a te abstineri posse,
.solum tp ab omnibus abstinuisti.
L 2
*
148 TllK ANTIQUiriES OK THK [bOOK XVI*
told Ilim,' for lie had learned of those that were greater
than he, to obey God rather than man. And Eusebius adds,
" That when Victor persisted still in this headstrong reso-
lution, Ireiia^us and several other bishops wrote verij sharply
to him,-7rX))K.T<!cwrfpoj',-reproving- him for his unwarrantable
al)use of the Churcirs censures. It is a noted saying' in the
Index to the works of Pope Gregory 1.-^ upon this account,
" If any one excommunicate another unjustly, he does not
condemn him, but himself." Though the Romanists, com-
monly magnify another saying- of his, transcribed into the
Canon-Law,^ " That the sentence of the shepherd is to be
dreaded, whether it be just or unjust." Which can certainly
never be true, but in a very doubtful case. It is much more
to the purpose, what Gratian in the same question alleges
from St, Austin,* " That a man had need be very careful
whom he binds on earth : for unjust bonds will be loosed
by the justice of heaven : and not only so, but turn to the
condemnation of him that imposes them: for though rash
judgment often hurts not him, who is rashly judged:^ yet
the rashness of him, that judges rashly , will turn to his own
disadvantage. In the mean time it is no detriment to a
man," to have his name struck out of the Diotvchs of the
Church by human ignorance, if an evil conscience do
not blot him out of the book of life." Thus far St.
Austin in several places, alleged by Gratian, to which
may be added what he cites out of the foresaid place
' Polycrat. Ep. ad Victor, ap. Euseb. lib. v. c. 24-. Oii -rrrupofiai ittI
ToTij KaTct~\t]aaoixei'Oig, &c. Vide Aujr. de VeiS IJeli^ione. cap. vi.
" Greg-, lib. ii. op. 2tt. Si quis illicite quenquam excouiuiunlcat, semet —
ipsum, nou ilium condemnat.
^ Grc!,'. Iloni. xxvi. in Evang. ap. Grat. decret. caus. xi. Quast. iii. c. 1.
Sententia Pastoris, sive jusla, sivc injusta fuerit, timt-nda est.
* Aug. Ser. xvi. de verbis Domini ap. Grat. ibid. c. xlviii. Lt juste alliges,
vide. Nam injusta vincula dirumpit justitia.
* Aug. de Serni. Doui. in Monte, lib. ii. cap. xxix. ap. Grat. ibid. cap.
xlix. Teraerariuni judicium plerunique nihil nocet ei, de quo tumere judica-
tur. Ei autcm, qui lemere judical, ipsa temeritas neeesse est, ut uoceal.
* Aug. Ep. 137. Quid obest honiini, quod eX illS tabulii non vult eum
recitari huinana iguorantia, si de libro vivorum non cum delet iniqua consci-
rntia? Ap. Gratian. ibid. cap. 50.
CMAV. 111.] rnu:sTiAN ciiiixcii. 149
of Gie<;ory,' " Tiiat lie do^jiivcs liiiiisclf ul {\n' ^tuvvur ut
binding- and loosing-, who exercises it according" to liis arbi-
trary will, and not according* to the deserts of those that are
under his g-overninont/' He means, that an excommunica-
tion, unjustly pronounced, is of no force against one that
deserves it not ; neither is the absolution of an impenitent
sinner any better ; because they ar(! both done clave errante,
by a misapplication of the keys, in which case as tlie Gloss
upon the Law words it,^ " the parly so bound is not bound
before God : for it often happens, that l)y this mer.ns a
man is excommunicated out of the Church militiint, who
notwithstanding- is in the Church triumphant." And sucii
excommunications, says Cardinal Tolet/ bind neither bo-
fore God nor the Church.
Sect. 9. — No one to be excomaiunicated without bein^ first heard, and
allowed to speak lor himself.
Now to prevent this inconvenience, the ancient Church
prescribed several useful rules to be observed in the matter
of excommunication. For besides that ordinarily no one
was to be censured without a previous admonition, as has
been noted l)efore,* it was likewise ordered, that no man
should be condemned in his absence, without being allowed
liberty to answer for himself, unless he contumaciously re-
fused to appear. " Let ecclesiastical judges beware,"
says the Council of Carthage,^ " that they never pronounce
sentence against any one, that is absent, when his cause is
under debate: otherwise the sentence shall be void, and
they shall give an account of their action to the synod."
Upon this ground St. Austin refutes the censure," which the
' Greg. Hoin. xxvi. in Evang. ap. Grat. c. 60. Ipse ligandi atquc sol-
vendi potestate so privat, qui li;iuf pro suis voluntatibus, et non pro sub-
jectoruiu moribus exercet. V'id. Gelasiuni. ibid. a|) Grat. c. 46.
•-' Gloss, in extravagant. Joan. xxii. Tit. xiv. cap. v. p. 160.
' Tolet. Instruct. Sacerdot. lib. i. cap. 10. * Chap ii. sect. 6.
* Con. Carth. iv. can. 3G. Caveant judices ecclesiastici, ne absente eo,
cuj us causa ventilatur, sententiam proferant, quia irrita erit, et causam in
synodo pro facto dabuiit. Vid. plura ap. Gratian. cans. iii. qiuest. t).
* Aujr. Ej>. clxii. p. '■i7\1. Si nee vitupcrari, hoc corripi, nisi interro-
150 THE ANTIQUITIES OF THE [BOOK XVI.
Donatists pretended to pass upon Cecilian, bishop of
Carthage, because he was absent, and never examined by
them before they proceeded to condemn him.
Sect. 10. — Nor without legal Conviction, either by his own Confession ; or
credible Evidence of Witnesses, against whom there was nc^Exception ;
or sucli Notoriety of the Fact as made a Man liable to Excommunication
ipso facto, without any formal Denunciation.
Another rule observed in this case was, that no one
should be excommunicated, unless he stood legally con-
victed of liis crime. Which might be three ways ; 1. by
his own confession. 2. By the credible evidence of such
witnesses, as could not justly be excepted against, or sus-
pected of bearing false testimony. 3. Bj such notoriety of
the fact, as made a man liable to excommuniolion ipso facto,
without any further process or formal denunciation : as in
the case, of those that fell by offering sacrifice in time of
persecution : here was no need in this case either of their
own confession, or conviction by witnesses : for their crime
was notorious to all the world, and it needed no formal
process or' examination of witnesses to condemn them :
neither was there any need of a formal sentence of excom-
munication to be pronounced against them : for they stood
excommunicated ^^•35o/ac/o, as learned men style it;" the
fact itself being evWcnt and notorious to all, was sufficient
to declare them excommunicate, as having forfeited all
right to the privileges of Christian communion. In other
cases, where the matter was not so clear, they required
either the confession of the party himself, or the legal
evidence of unexceptionable witnesses. Thus St. Austin-
gatum Spiritus Sanctus voluit, quanto scelcratius non vitupcrati aut cor-
rejjti, sed omnino damnati simf, (jui de suis criminibus nihil absentes in-
terrogari potuerunt ? It. Serm. xxii. de Verbis Aposf. Damnatus est
CfEcilianus, absens primo, deinde a traditoribus. &c.
' Vid. Cave Prim. Christ, part iii. cap. v. p. 366.
' Aug. Hom. 1. ih- I'd-nitent. tom. x. p. "JOT. Nos a communione prohibere
qucnquam non possumus nisi aut sponte coufessum, aut in aliquo sive secular!
sivcecclesiastico judlcio nominatum afque convictum. Quis enim sibi utruni-
qiie audcal assumere, ut i.ui(iuam ipse sit el acciisalor et .'jiulcx.'
CHAP, lli.j jrHKlSI'IAiN illiilUil. 1 -J 1
dcclaies: " wo eannut exclude any ono Irom cornniuiiiuu
except he either voluntarily confess his crinne himself, or bo
noted and convicted in some secular or ecclesiastical
jud'Hiicnt. For who dare to assume to himself, to be
both accuser and judge'?" " We are not to exclude any
man,' says Pope Innocent,' " upon bare suspicions/'
" Where the crime is not evident," says Origen,^ " we caa
cast no man out of the Church, lest while we root out the
tares, we root up the wheat also," And the same reason is
ffiven by St. Austin in the place now cited. Justinian'
confirmed this rule of the Church by a civil sanction, not
only forbidding- all bishops and presbyters to segregate any
man from the communion before his crime was evidently
proved ag-ainst him, but ordering- such an one immediately
to be restored to communion, and the minister, who sus-
pended him, to be suspended himself by his superior, " til
quod injuste fecit, juste sustineaf, that he ttiay justly
suffer the same punishment, which he unjustly injlicted on
the other.'''' As therefore they were not to excommunicate
a whole multitude, though their crimes w^ere notorious ; so
neither were they to excommunicate a single criminal, unless
his crime could be made evident to tlie multitude, that they
might detest and abhor it : then the severity of discipline
was not to sleep,* according- to St. Austin's rule :^ if the
criminal was accused and also convicted by evident proofs
and testimony before the judg-e, then the judge might pro-
ceed ag-ainst him lawfully, to punish, correct, excommuni-
cate, or degrade him. But otherwise, without suchleg-al con-
viction, no bishop could suspend a clerk from communion,
' Idhoc. Ep. iii. cap. 4. Non facile quisquam ex suspicionibus absti-
nctur. Probatione cessante, vintlictie ratio couquiescit. * Orig".
Horn. xxi. in Josue. torn. i. p. 328.
•' Justin. Novel, cxxiii. c. 11. Omnibus autem opiscopis rt presbyferis
interdicimus, seE^rpgare aliquem a sacra comnuniione, antequam causa
monstretur propter quam sancta; reguIaB hoc fieri jubent, &c.
♦ Aug. cont. Epist. Parnien. lib. iii. cap. 2. Quando cujusque crimen
notum est omnibus, et omnibus execrabile apparet non dormiat scveritas
disciplinse. * Aug. Ser. xxiv. de Verbis Apost. ap. Gratian.
Caus. xxiii. qugest. iv. cap. 11. Si judicandi potestatom accppisti, ec
clesiasticii regnlfi, si apud to accusalur, si veris docinncntis loslibusquc
«onvincilur, coerce, corripe, excominunica. dcgrada.
152 THE AMIQUITIKS OF THK [boOK XVI.
unless he contumaciously refused to appear to have his
cause examined before him. And this, St. Austin says,'
was determined in council for greater security against arbi-
trary proceeding's. And it is observable in this case, that
the canons never allowed^ the testimony of one sing-le
wilness as sufficient evidence to convict a criminal ; g-round-
ing upon that rule in tl;e divine law, " In the mouth of two
or three witnesses shall every word be established."' Nay,
though it were a bishop or presbyter that accused any man,
barely upon his own knowledge, his testimony was not
sufficient ground to proceed against him to excommunication.
For as we have heard St. Austin say but just now, no man
could be both accuser and judge. And therefore it was
provided by the Council of Vaison,^ " that though a bishop
knew a man to be a criminal, yet if he alone was privy to
his crime, and could make no other proof of it, he should not
so much as publish it, but deal privately with the man by
admonition to bring him to repentance. But if, notwith-
standing his admonition, he would persist pertinacious, and
olier himself publicly to communicate, the bishop should
not have power to excommunicate or cast him wholly out
of the Church, but only enjoin him to recede for a time out
of respect to the bishops person, whilst he continued in
the communion of all those, who knew nothing of his
offences." And even this was a greater deference paid to
the single testimony of a bishop, than was allowed in the
African Churches. For there, by a rule of the seventh
Council of Carthage, made in St. Austins time,* " if a man
' Aug. Ep. cxxxvii. Iji episcoporuni concilio constitutuni est, nullum
clericum, qui nondura convictus est, suspend! a communione debere, nisi
ad causain suam exaininandain se non prsesciitavfiit.
* Vid. Can. Apost. Ixxv. Con. llenltnse. ap. Crab, i-x Ivonc. lib. A.
^ Con. Vasens. i. can. 8. Si tantinn episcnpus alieni sceleiis se conscium
novit. qi;amdiu probare non ])otest, nihil j/ioferaf, sed cum ipso ad com-
punclioncm tjus stcretis coneptionibns elaborct. Quod si corii'])tus perti-
nacior fuerit, ct se conimunioiii publice ingesserit, etiain si ej)iscopus in
redarguendo illo, quern reiun judicat, probalione di-llciat, indemnatus licet
nb !'.is qui niiiil sclunt, scccdi'i-i- ad Icmpus pro peist'nS majoiis auctoritatis
jubeutur, illo. quauidiu probari nibil potest, in communione omnium, pra;-
tri(|tiani <',ius <jui oumienni jiidirat, pcrn)anenlc.
' C(in. » ailb. \ii. can. \. V\;u-m\, iit si qiiando ipisco)nis rlicil, aliquem
CHAP. IM.J CHRISTIAN CHUKCH. 1 .^.J
confessed liis crime to a bishop, and afterwards denied it,
the bishop was not to think he had any injury done him, if
liis single evidence was nottaken by hisfellovv-bisliops tothe
man's condemiuVtion : and if in sucli a case the bishop prii-
suniod to excommunicato him, upon a scruple of conscience,
that he could not communicate with such an one, the bishop
himself was not to communicate with other bishops, that he
might learn to be more cautious in saying that against any
man, which he could not prove by any other evidence but
his own testimony." So tender where these holy bishops
of condemiung- any man without sufficient and legal evi-
dence to convict him. St. Austin, who was present in this
Council, tells a remarkable story* of a case of this nature,
that happened between Boniface, one of his presbyters, and
a man that was accused by him. Having no sufficient
evidence, but only their sing-ie testimony on either side, he
would not determine the matter between tliem, but ordered
them both to go to the sepulchre of Felix, the marfyr, in
hopes that the cause might be decided by some apparent
miracle and divine judgment, where human judgment could
not determine it, as he says he had known it done, in a case
of theft at Milan. He adds, that both the ecclesiastical
and civil law forbad the condemning any man upon the
evideiiee of a single witness, as insufficient to convict him.
The ecclesiastical law we have already heard; and for the
civil law, it is probable he refers to a decree of Constantine,
now extant in the Theodosian Code,'^ which precisely
enjoins all judges not to determine any cause upon the
evidence of a sinole witness, thougfh it were even a senator
sibi soli propiium crimen fuisse confessum, atque ille neget: non putet ad
injuriani suam cjjiscopus pertinere, quod ipsi soli non creditur : et siscrupulo
propriae ccnscientia? se dicit ncgatui nolle coramunicare, qiiamdin excom-
municato non coinmunicavi'iit suns episcopus, eidem e])iscopo ab aliis non
t:oninuiiucetur episcopis, ut magis caveat episcopus, no dicat in quenquam
quod aliis documenlis convincere non potest. Vid. Cod. Afric. can. 133,
et 13-1-. et Aug. Horn. xvi. de Verbis Doni.
' Aug. Ep. cxxxvii.
* €od. Theod. lib. xi. tit. 39. de Fide Testiuni. leg. iii. Manifeste
sancimus, ut unius omnino testis respoiisio non audiatur, etiani si pra'clarn;
I'liria" I'lOiKirc jira'Tulgoat.
\o4 THE ANTIQUITIES OF THE [liOOK XVT.
that was the deponent. Which GothotVed compares to a
noted saying among- the old Romans, related by Plutarch,
that it was not right to g'ive credit to one witness, thong-h
it were Cato himself that gave testimony. Whence Gotho-
fred also with great reason concludes,* that the law which
fi-oes under the name of Constantine, at the end of the
Theodosian Code, allowing the single testimony of a bishop
to be good evidence, is a spurious law, though it be inserted
into the Capitular' of Charles the Great, and Gratian's
Decree, because it contradicts all other laws both ecclesias-
tical and civil upon this subject.
It is worth observing further, that to secure the innocence
of virtuous men from being unjustly traduced and censured,
there were many laws forbidding the testimony of heretics,
or other suspected and infamous persons to be accepted in
judgment, of which because I have had occasion to dis-
■ course elsewhere,^ J say no more in this place. But from
all, that has now been said, it suliiciently appears, that though
the Ancients were very strict and severe in their discipline,
yet they were equally cautious, that the severity of it should
not affect the innocent, and every man was presumed
to be innocent till' a just and legal proof could be
made against him: nor was this an harm to the Church, it
being better that some vicious men should escape, than that
virtuous men should be exposed to the greatest of all
punishments upon bare suspicion, or the arbitrary pleasure
of anyone man; for which reason also, as I have often
noted, ttie Church still allowed an appeal from the unjust
sentence of any bishop to the re-examination of a provincial
Council.
Sect. 11. — Excoinniunicatiou not ordinarily inflicted upon Minors or
Children under A^fi-
Another sort of persons, w horn the censures of the Church
seldom or never touched, were minors, or children under
ag-e: there being more proper punishments thought fit for
.' Gothofred. in Cod. Theod. lib. xi. lit. xxxix. les;. 3. et lib. xvi.
tit. xii. le:;. i. p. 306. * Capitular, lib. vi. cap. -281.
<iral. raus. xi. quicst. i. tap. 30. " Hook v. cl\ap. i. sect. o.
CHAT. 111.] CHRISTIAN CHIJUCII. 105
tliotn, such as fatherly rebukes and corporal correction : and
fo inflict tlie highest censures upon such, was rather
thoug-lit a lessening- of authority, and bringing contempt
upon tlie discipline of the Churcli. Therefore Socrates
observes of Arsenius, the Egyptian abbot, that he was
never used to exconununicate any junior monks, but only
those that had made a greater proficiency : for a young
man,' when he is excommunicated, only becomes a despiser.
Palladius observes the same of tlie discipline of the great
church of Mount Nitria,^ that they had three whips hanged
up in the church, one for chastising the olfending monks,
another for robbers, and a third for strangers, that came ac-
cidentally, and behaved themselves disorderly among them.
So in the rule of Isidore of Sevil, one article is,^ " that
they who were in their minority, should not be punished
with excommunication, but according to the quality of their
negligence or offence be corrected with congruous stripes."
The late author of the Historia FlayeUaiitium* cites the
Rule of Macarius,^ and that of St. Benedict," and Aurelian,''
and Gregory the Great to the same purpose.^ And Cyprian,
in the Life of Cassarius Arelatensis, says, that bishop ob-
served this method both with slaves and freemen, that when
they were to be scourged for their faults, they should suffer
forty stripes save one, according as the law appointed.
The Council of Agde^ orders the same punishment not
only for junior monks, but also for the inferior clergy. And
the Council of Mascon*" particularly insists upon the num-
ber of forty stripes save one. The Council of Vannes"
repeats the canon of Agde. And the Council of Epone
speaks'^ of stripes, as the peculiar-punishment of the minor
} Socrat. lib. iv. cap. 23. Neog a^opia3ttlg Kara(ppovr]TqQ ylvETai.
' Pallad. Hist. Lausiaca. cap. vi. ^ Isidor. Regula. cap. xvii.
In minori setate constituti non sunt cot-rcendi senlentia excomniunicationis,
sed pro qualitato negligentia; congruis emendandi sunt plagis.
■* Hist. Flagellant, cap. v, ot vl. * Macar. Regula. cap. xv.
* Benedict. Reg. cap. Ixx. '' Auielian. Reg. ibid.
® Greg. lib. ix. Ep. 66. ' Con. Agathen. can. xxxviii. Si
verborum inciepatio non emendaverit, etiam verberibus statuimus coerceri.
It. can. xli. '" Con. Matiscon i. can. 5. Si junior fuerit, una
minus de quadraginta ictus accipiat. " Con. Veneticuni. can. vi.
'' Con. Kpauncns. can. xv. iMinores Clerici vapulabvmt.
5jfi THK AMlQlJiriES OK TllU. [bOOIv XVI.
clergy, for tlie same crimes, that, were punisheil nith excom-
mup.katioii, for a whole year in the superior clergy. Nor
is this to be wondered at in these Councils, since St. Austin*
assures us, this kind of punishment by stripes was commonly
used, not only by schoolmasters and [)arcnls, hut by bishops
in their consistories also. And the plain reason of ail this
seems to be, not so much the distinction of crimes, as the
distinction of age and quality in the persons.
Sect. 12. — How Persons v/ere sometimes excomir.unicated after Death.
Another inquiry may be made concerning persons
deceased ; whether ever any excommunication was inflicted
on men after death, if ihey died in the peace and communion
of the Church ? It has already been observed,^ that when
men died impenitent under the bonds of excommunication
unreiaxed, a necessary consequence of that was the denying
them Christian burial, and all future memorial in the
prayers and oblations of the Church, by striking their
names out of the Diptychs or holy books, which kept the
memorial of such as died in the peace and communion of
the Church. But the question here is not about those, that
died so excommunicate, but those, that died in the visible
communion and external peace of the Church, and under
no ecclesiastical censure, whether upon any new discovery
of their errors or crimes after death, they were liable to be
excommunicated, and after what manner that censure was
passed upon them. Now the resolution of this question in
part will easily be given, from a famous case in Cyprian con-
cerning one Geminius Victor, who, contrary to the rule of
a council, had made Geminius Faustinus a guardian or
trustee, by his last will' and testament; for which trans-
gression, Cyprian, after his death, wrote to the Church of
Furni, where he had lived, to put the sentence of the
Council in execution against him; telling them,-* that
since Victor had presumed, against the rule made in
' Aug. Kp. cHx. ad Rlarcelliii. Qui nodus cot rcijionis i-t fi magistris
artium liberaliuiii, et ah ijisis jiareiitibus, et saepe uliam in jiidiciis soU-t ab
episcopis adliiln-ri. Vid. Aug. Serm. ccxv. dc Tenijiorc. Si ad vos perti-
nent, etiam flagellis caidite, &c. ' Chap. ii. sect. 11.
•"' Cypr. Ep. Ixvi. al. 1. adder. Furnitan. p. 3. Ideo Victor, cum con-
tra fornuini nuper in concilio a sacerdotibus datam, Gouiinium Fanstinum
prosbv t( rum husu"; sil lulonni con>titurr(\ non e^t quod pro dnrjnilione ejus
Hpud vos liat obialio aut flcjurcalio alifpia nomine (jus incerlesiS tVrqucntelnr.
CH\»', III. J <;FlRlsriAN CHUKOII. 1">7
Council, to i4)l>oint Gemlnius Faustiiuis, one of the pres-
byters of the Church, his trustee, for this oHer.ee no oh-
hition oM^ht bo uuule for his death, nor any prayer to be
oifered in his nanu* in the Chnrth, according- to tlie custom
of prayino- t!it>n for al! that were departed in the faith. This
was a plain excommunication of him after death, by erasing-
his name out of the Diptychs of the Church. Such an-
other decree we find in the African Code against any bisliop
tliat should make heretics or lieathens his heirs, whether
they were of his own kindred or not :* " Let such an one
be anathematized after death, and let not his name be written
or recited among the priests of God." With this agrees
what St. Austin says more than once concerning- Cecilian,
bishop of Carthage,^ that if the things, which the Donatists
objected against liim, were true, and they could evidently
prove them, the Catholics were ready to anathematize him
afterdeath. And there vvantnotln fact several instances of this
practice. For thus Origen, as Socrates says,^ was excommuni-
cated two hundred years after his death by Theophilus, bishop
of Alexandria. And Theodorus of Mopsuestia was so anathe-
matized by the fifth general Council,* as appears from Eva-
g-rius, and the Letters of Justinian, and the Acts of the
Council. In like manner the sixth general Council^ ana-
thematized Pope Honorius as a Monolhelite, after death, to-
gether with Cyrus, bishop of Alexandria, and Theodorus,
bishop of Pharan, and Sergias,Pyrrhus, Petrus,andPaulus,
bishops of Constantinople, all whose names were erased out
of the sacred Diptychs after death by the order of that
Council. It is a grand dispute indeed among the gentlemen
of the Church of Rome, whether the name of their Pope
Honorius ought to stand in that black list 1 (Baronius^
affirming, that the Acts of the Council, where his name is
inserted, are corrupted ; and Combefis, on the other hand,^
' Cod. Afrie. can. Ixxxil. MtraSidvarovdvd^sfia roitiT<i}\ex^(iyj &c.
• Aiig. Ep. 1. ad Bonifac. Comitem. p. 80. Si vera essent, qute ab eis
objecta sunt Ca;cillano, et nobis possent aliquando monstrari, ipsum jam
mortuum anathematizaremus. It. Ep. clii. Quae est Episiola Synodica
Concilii Cirtensis ad Danatistas. Si fort6 nialus esset inventus, ipsum
anathematizaremus.
* Socrat. lib. vii. cap. 45. * Evagr. lib. iv. cap. 3S.
Juitin. Epist. in Act. i. Con. 5. Goueral. * Con. Constant.
iv. Gen. Act. 13. « Baron. An. 6S0. n. 31.
' rombefis Mist. Monothelitar. Par. 1618.
158 THE ANTIQUITIES OF THE [bOOK XVI.
writing- a whole volume against Baronius to prove them
genuine :) but however that matter be, there is no dispute
about all the rest; but that they were certainly anathematized
by that Council after death. Sometimes men vvere^injustly
excommunicated either living' or dead: and then the way to
restore them to the communion of the Church, was to insert
their names into the Diptychs, whence they had been ex-
punged before. Thus Theodoret says,^ Atticus restored the
name of Chrvsostom, after it had for many years been left
out. And John, bishop of Constantinople, in a synod, Anno
618, restored the names of Pope Leo, and Eupheniius, and
Macedonius, and the Council of Chalcedon, which by the
fraud of Anastasius, the Emperor, who was an Eutychian
heretic, had all been cast out of the Diptychs of the Church.^
This was the method both of condemning, and restoring men
to the conmiunion of the Church after death. To denv
them Christian burial, or not to receive their oblations, or to
erase their names out of the Diptvchs, was the same thing-
as to declare them anathematized, and cast out of the
communion of the faithful, with whom the Church main-
tained communion after death. And so far we have
considered the persons that might or might not be the sub-
jects of ecclesiastical censures, whether living or dead.
Sect. 13.— The Censures of the Church not to be inflicted for small
Offences.
The next inquiry is concerning- the crimes, for which these
censures might be inflicted. And here the canons are wont
to make a very exact and nice distinction in general between
the greater and lesser sinS;, the former only being
such as were regarded in the business of excommunica-
tion. For this being- the severest of all punishments
was not be inflicted for every trifle. " Therefore
bishops," says the Council of Agde,^ " must have a
* Theod. lib. v. cap. .34-. '^ WA. Acta Con. Const, in Act. v. Con. sub Menna.
^ Con. Agathen. cap. iii. Episcopi, si sacerdotali moderatione postpositS,
innocentes, aut minimis causis culpabiles, excoinmunicare prasumpserint,
a vicinis cpiscopis cujuslibet provincire literis nioneantur. Et si parerc
noluerint, coniiiiuiiio illis usque ad tenipus syno<li a rcliquis episcopis deue-
gelur, al. non denegetur. See Gratiiin. Cans. xi. quajst. 3. cap. S. Where
this canon is cited, and what the Roman correctors observe of this various
reading-.
CHAI'. Ill] CHRISTIAN CHUKOH. |f,&
oreat roirard to sacerdotal moderation, and not r)resume
to excommunicato either the innocent, or those that are
«>uiltv only of small ollences. Otherwise they are liable to
be admonished by the neig-hbouring- bishops of the pro-
vince ; and if they obey not, the bishops of the province
are to refuse them their communion till the next
synod." Some copies read it, " They shall not be denied
communion till the next synod : and then it refers to the
persons excotnmunicated, that though they were rashly cast
out of the Church for slight causes by their own bishops,
the rest of the bishops should not deny them communion
till their cause was heard in a synod. The fifth Council
of Orleance has a like order,* '• That no bishop shall sus-
pend any of the faithful from the communion for little and
slight Ci'uses, but only for those crimes, for which the an-
cient Fathers command offenders to be cast out of the
Church," And this is repeated in the Council of Arvern or
Clermont,' held about the same time. Anno 549.
r
Sect. 14. — What tlie Amients meant by snuill Offences in this Matter, and
how they distinguished them troin the greater.
But it may be asked, What the ancient Fathers meant
by slight causes and small offences in this business of eccle-
siastical censure? And how they distinguished these from
those greater crimes, which made men liable to excommu-
nication and public penance in the Church 1 The right
understanding- of these thing's w^ill be of great use, not
only to give us a clear view of the nature of ecclesiastical
discipline, but also to shew the vanity of a late distinction
between mortal and venial sin, as used by the Romanists,
to bring all sins that are mortal under the necessity of auri-
cular confession, and private absolution. Now it is certain^
the Ancients did not believe any sins to be venial, as that
signifies needing no pardon, but in that sense all sins to be
mortal in their own nature, and such as we have need to
' Con. Aurel. v. can. 2. Nullus sacerdotumquenquam rectse fidei honai-
neni pro parvis et Icvibus causis a communione suspendat : praeter eas eulpas
])ro quibus antiqui patres arceri ab rc-clesifi jusserunt comniittentes.
- Con. Arvprnens. ii. can. ii, Coii.lom. v. p. t02.
IGO THE ANTIQUITIKS OK IHli [BOOK XVI.
ask pardon for at the hands of (jrod. But because there are
some sins of human frailty and inadvertency in the best of
men, and sins of daily incursion, without which no man
Uves ; these they usually call venial sins, as needing- no
other repentance, but a g'cneral confession ; nov any other
pardon, but what is daily granted by God to g-ood men,
upon their daily prayers and acknowledgment of their offen-
ces. Besides these, there are other sins of wilfulness, and
of a more malignant nature, which if continued in, without
a particular repentance and reformation will prove mortal,
and exclude men from the kingdom of heaven : and yet
many of these were such, as did not ordinarily bring- men
under the highest censures of the Church, but were to be cu-
red only by general reproofs and exhortations to repentance.
These also in like manner, with respect to the severity of
Church-discipline, which did not reach them, were sometimes
termed lesser and venial sins, in opposition to those yet more
heinous sins, which brous'lit men under excommunication
and public penance to make expiation and atonement for
them. These sins were mortal in their own nature, and
fatal in the effect to the sinner : but yet the Church for
many reasons was obliged sometimes to let them pass,
without any other censure than a pastoral admonition. But
there was a third sort of sins both of a malignant, and
public, and flagrant nature^, of which sinners might easily
be impleaded and convicted : and these were those great
sins, (as they aye usually termed in opposition to both the
fore-mentioned kinds,) on which the highest severities of
Church-discipline were exercised, unless where the multi-
tude of sinners, or their abettors, or the danger of schism,
as has been noted before, made the thing- impracticable and
unfeasible. This three-fold distinction of sins, is accurately
noted by St. Austin in his Book of Faith and Works : he
says,' " There are some sins so great, as to deserve to be
' Aug. de Fide etOpeiibus. cap. xxvi. Nisi essent quaedaiu ita gravia, ut
etiain excoinmnnicatione plectcnda sint, iion diceret Apostolus: " Con-
grcgatis vobis et meo spiritu, traderc ojusinodi hoiniueiu Satana:, &c.''
Item nisi essent qusedain Don eQ humilitate poenileDtiic sananda, qualis in
ecclesi&datur eis qui propria pcenitentes vocantur, scd quibusdam correpli-
CHAJ'. 111. J CHRISTIAN C;Hl]R(;ll. I (J I
punislied with excouHimnication, according (o that of tlio
Apostle, To deliver such an one unto Satan for the destruc-
tion of the flesh, that the spirit may be saved in the dny of
the Lord." Airain, " There are other sins which are not
to be cured by that humihation of penance, which is imposed
upon those, who are properly called penitents in the Church,
but by certain medicines of reproof, according" to that of
our Lord, Tell him of his fault' between him and thee alone ;
if he hear thee, thou hast gained thy brother. Lastly,
there are other sins, for which he had left us a daily cure
in (hat prayer, wherein he hath taught us to say, Forgive
us our trespasses, as we forgive them that trespass against
us." By this it is plain, that all great and deadly sins did
not bring men under the public censure of excommunica-
tion, but only those of the first kind, which were of the
hig-hest nature. In other places he distinguishes sins only
into two kinds, greater and lesser ; sins that obliged men to
do public penance, and sins, that were pardoned by daily
prayer, weeping, fasting, giving, and forgiving-, without
any obligation to do public penance for them. The former
he calls mortal sins, and the other venial ; not because
they were not mortal in their own nature, but because they
were pardoned without the solemnity of a public repentance.
So many great sins, such as anger, and evil thoughts,
and evil speaking', and excess in the use of lawful things,
are reckoned by him in the number of lesser sins, in com-
parison of such great and deadly sins, as murder, and theft,
and adultery. " He that is free," says he,* " from great
and mortal sins, such as the crimes of murder, theft, and
adultery, yet being liable to many lesser sins of the tongue
tionum inedicamentis, non diccret ipse Doininus, " Corripe inter tc el ipsuin
solum, &c." Postremo, nisi essent quaedam, sine quibus haec vita non a;;i-
tur, non quotidianam uiedelam poneret in oratione quam docuit, nt dicamus
" Diiniltc nobis debita nostra, &c."
• Aug:. Tract, xii. in Joan. p. 47. Liberatus ab illislethalibus et grand"-
bus peccatis, qiialia sunt facinora, houiicidia, furta, adulteria, propter ilia
quae rainuta esse peccata videntur lingua;, cogltationuin, aut iininoderationis
in rebus concessis, facit veritatem eonfessionis, et venit ad lucem in operi-»
bus bonis: quoniam minutaplura peccata, si nejligantur, occidunt, &c,
VOL. VI. M
IG2 THE ANTIQUITIES OF THE [BOOK XVI,
and tliong-hts, and immodoratc use of lawful thing^s, ho
tlioroupon exercises himself in making' true confession of
them, and comes to the light by performing" good works ;
because a multitude of lesser sins, if they be neglected,
kill the soul. Many small drops fill a river : a g-rain of sand
is but a small thing-, but many grains added together, will
load and oppress us. The pump of a ship, if it be neg-lec-
tcd, will do the same thing- as' a boisterous wave. It enters
by little and little at the pump, but by long- entering-, and
never draining-, at last it sinks the ship. And what is it to
drain the soul, but by good works, such as mourning-, and
fasting-, and fi-ivin"- and forgivin"-, to take care that such
sins do not overwhelm the soul T' The lesser sins, he
here speaks of, were not only sins of inadvertency and
common human frailty, but sins of an hicher nature : and
yet he calls them little sins, in comparison of those great and
deadly sins of adultery and murder, for which men under-
went puV>lic penance, which they did not for these other
sins, which yet would prove fatal, unless men took care, by-
confession and g'odly sorrow and fasting-, and almsdceds
and charity to their enemies, to clear themselves of them.
In another place^ he speaks of two sorts of repentance for
two sorts of sins committed after baptism, which he thus
distinguishes : " There is one sort of repentance, which is
to be performed every day. And wlsence can we shew that ?
I cannot better shew it, than from the daily prayer, where
our Lord hath taught us to pva}-, and shewn us what we arc
to say unto the Father in these words. Forgive us our tres-
passes, as we forg-ive them that trespass ag-ainst us. There
is another more weighty and mournful sort of repentance,
from which men areproperly called penitents in the Church:
by which they are sequestered from partaking- of the sacra-
ment of the altar, lest they should eat and drink damnation to
' Au£?. Horn, xxvii. ex 50. torn. x. p. 177. Est alia pcpnitenlia qiiotjdiana.
Kt uhi illam osti'iulimus ? Non habeo ubi melius ostenilam, qiiain in ora-
tione quotidianfi, ubiDominus orare nos docuit. Est ct pocnitentia gravior
atqne luctuosior, in qua jjioprio vocantur in cccIesiTi pocnilentcs: eliam
remoti a sacranicnto altaris participandi, ne accipiendo indigne, jiuliciuHi.
sibi nianducent I't bibant. Ilia yen") pn-nitenlia luctuosa est, grave vulntis
est: aduUiMiuni forte, coniniissum est, foite boniicidiiini, forte sacrilegiuni.
Gravis ns, grave viilnus, Icthale, mortiferuin, sed omnipotens medicus, &c.
Vid. Horn. 1. ibid. cap. 3.
CHAP. III.] CHRISTIAN CHURCH. I G3
tlioinsolvcs. This is a grievous repentance, the wound is very
grievous, perhaps adultery, or murder, or sacrilege has been
committed. This is a grievous thing-, a grievous wound,
mortal and deadly, l)ut the physician is ahnighty." Here
again is a plain distinction between such g-reat sins as adul-
tery, sacrilege, and nuirdcr, for which men were to do a
long and puhlic penance in the Church ; and such sins of
a lower rank, as were to be done away by daily prayer and
daily repentance, which was the remedy for all sins, g-reat
and small, that were not of the highest nature. Upon this
account he calls pu{)Iic penance by the name of Paniitentia
Major, the greater repentance, for groat and deadly sins,
in opposition to the lesser or daily repentance for sins of a
lower nature, which he terms venial sins, because they
were more easily pardoned by tliat ordinary and daily repen-
tance. Thus, in his Instructions to the Catechumens, direc-
ting- them how to lead their lives after baptism, he tells
them,* " He did not prescribe tliem an impossible rule, to
live here altogether free from sin : for there were some lesser
or more pardona])le sins, without which this life is not
passed by any. Baptism was appointed for the remis-
sion of all sins, of what kind soever: but for lesser sins
prayer was appointed. And what says the prayer ? Foro-ive
us our trespasses, as we forgive them that trespass a^-ainst us.
We are once washed, or cleansed from sin by baptism, we
are daily cleansed by prayer. Only do not commit such
things, for which it will be necessary to separate you from
the body of Christ, which God forbid. For, they, whom
you see doing penance, have committed great crimes,
' Aiig.de Symbolo ad Catcchumenoi-. lib. i. cap. vii. torn. ix. Non vobis
dico, quia sine peccato hie vivetis : sed sunt venialia, sinequibus vita ista
non est. Propter omnia pecnata baptismus inventus est: propter levia,
sine quibus esse non possutnus, oralio inventa. Quid habct oratio? " Diniilte
nobis debita nostra, sicut et nos dimittimus dcbitoribus nostris." Semel
abluinmr baplisuiate. Quotidie abluimur oratione. Sed nolite ilia coininit-
tore, pro quibus necessc est ut a Christ! corpore separeniini ; quod absit ii
vobis. llli enini, quos vidctis agcre pcenitentiarc, scelera commiserunt,
aut adulteria, aut aliqua facta immania : iiide agunt paenitentiam. Nam si
levia peccata eorum essent, ad ha;c quotidiana oratio delenda sufliceret.
Ergo tribus modis dimittuntur peccata in ecclesia, in baptismatc, in oratione
in bumilitate niajoris pccnitentia. Vid. Aug. Horn. I U). de Tempore, cap.'
viii. Ep. Ixxxix. ad llilarJura Qua:st. i, Ep. cviii. ad Sek ucianaiu.
m2
Ifi4 THE ANTIQI ITIES OF THK [rOOK XVL
either adultory or some such heinous wickedness, upon ac-
count of which they are doing- penance. For if they had
heen light sins, the daily prayer would have been suflicient
(o blot tlicni out. Therefore there are three wavs, bv which
sins are forgiven in the Cliurch, by baptisrn, by prayer, and
by the humiliation of the greater repentance." Where by
the g-reater repentance, it is evident he means the^nublic
penance done in the church for crimes only of the highest
nature: and therefore, the lesser repentance, accompanying-
men's daily prayers, was sufficient to blot out both lesser
sins of daily incursion, and also greater sins, for which no
public penance was required, but only the sincere reforma-
tion of the sinner, producing good works, and especially
works of charity and mercy. Thus in his Enchiridion,'
" for daily, short and light sins, without which no man
lives, the daily prayer of the faithful is sufficient. This prayer
blots out all little and daily sins. It blots out also those
sins, with which the life of the faithful is mo (_■ egregiously
defiled, provided they change it into better by true repent-
ance; if they say truly, with actions corresponding' to their
words, " Forgive us our trespasses, as we forgive them that
trespass against us." He often distinguishes- between
Peccatuni and crimen, making the first to be such sins
as a e forgiven by daily prayer and daily repentance ; and
the second such flagrant crimes as murder, adultery, forni-
cation, theft, fraud, sacrilege, and such like, for which
men were obliged to undergo public penance in the Church.
And he understands the same things, when he so often dis-
' Aug. Enchirid. cap. 71. De quotidianis, brevibuslevibusque peccatis,
sine quibus haec vita non ducitur, quotidiana oratio fideliuin satisfacit. — Delet
oninino bar, oralio minima et quotidiana peccata. Delet oinnino haec
oratio rainima et quotidiana peccata. Delot et ilia, a c|uibus vila tide-
lium scelerate etiam gesta, sed poeniteiido in melius inutata discedit,
&c. * Aug. Horn. xli. ex 50. Homo baptizatus,
si vitam, non audeo diccie sine peccato (quis eiiim sine peccato ?) sedvitam
siiieciimino duxerit, et alialiabet peccata qusc quotidie dimittunturin oraiione
dicentc, " Dimitle nobis debita nostra, &c." Quando diem finierit, \itam
>>on finit sed transit de vilft in vitam. It. Tract. 41 in Joan. torn. ix. p. 12(5.
Apostolus quando elegit ordinandos — non ait, Si quis s iie peccato est; hoc
cnim si dic^ret, omnis homo reprobaretur. nidlus ordinaretur; wd ait, Si
CHAP, 111.] CIIKISTIAN cilUUCIl. 165
ting-uishes^ between greater and lesser sins, mortal siny and
venial sins ; prescribing- pul)lic repentance for the one, and
private repentance for the other. By all which it is manifest,
that neither sins of hnman frailty and daily incursion, to
which the best of men are liable ; nor many sins of a more
maligMiant nature, as many evil words, and evil thoug"hts,
and excesses in the use of lawful things, and hasty ang-er
and frequent going" to law for triHes, were reckoned into
the number of those flagrant crimes, for which the severities
of Church-discipline were inflicted upon delinquents ; but
all such sins, being- of an inferior nature, or not so easy to
be proved upon men, were only matters of reproof, and
left to tlieir own consciences to cure, either by daily prayer,
or private repentance and reformation.
And that this was so from the beg-inning', appears from
what the learned Du Pin has discoursed upon this matter*
against Mr. Arnaud and others of his own communion.
He observes, (hat all the Ancients made this very distinction,
between g-rcat and little sins, and reckoned only very capi-
tal and mortal crimes in the number of such sins, as were
to be punished with excommunication. Tertullian, even
when he disputes against the Church upon the point of ab-
solution and readmission of excommunicated sinners into
the Church again, owns notwithstanding, that there were
many sins, which did not bring men under the censure of
excommunication, because they were sins of daily incursion,
to which all men were more or less exposed. Among these*
<iuis sine crimine est, sicut est horaicidium, adulteiium, nliqua iinmunditia
fornicationis, Furtura, fraus, sacrilegium, et ctelera hujusmodi. He says
a little before, Crimen est peccatum grave, accusationeetdamnatione dignis-
simuni. De Civ. Dei. lib. xxi. cap. 27. Non putare nos esse sine pecca-
lis, ctianisi a criminibus essemus imniunes.
' Aug. Tract, xxvi. in Joan. p. 93. De Symbolo. lib. i. cap.vii. cent
Julian. Pelaiiian. lib. ii. cap. x.
»DuPin. Bibliotheque Cent. iv. p. 218. « Tertul. de
Pudicit. cap. xix. Sunt qusedani delicta quotidianee incursiouis, quibus
cmnes simus objecti. Cui enini non accidet aut irasci iniqud, et ultra solis
occasura, aut et manum immittere, aut facile maledicere, aut teraerd jurare,
aut fidem pacti destruere, aut verecundia aut necessitate raentiri ; in negotiis
in officii^, in quiestu, in victu, in visu, in audita quanta tentamur.— Sunt
166 THE ANTIQUITIES OF THE [BOOK XVI.
he reckons anger, when it is unjust either in its cause or
chiration, wlien the sun goes down upon our wrath; and
also quarrelling" and evil-sneaking, a rash or vain oath, a
failure in our promise, a lie extorted by modesty or neces-
sity, and many such temptations, which befal men in their
businesy and offices, in g'ain, in eating, in seeing", and
hearing". On the contrary, there are some more grievous
and deadly sins, which are incapable of pardon, (according"
to liis rigid principles of Mqntanism) such as murder, idola-
try, fraud, apostacy, Vjlasphemy, adultery, and fornication,
and otlier such defilements of the temple of God. In his
book against Marcion, he precisely reckons up seven sins,
which he distinguishes by the liames of capital crimes,'
idolatry, blasphemy, murder, adultery, fornication, false-
witness and fraud. The Roman clergy observe the same
distinction between erreater and lesser sins, when thev, in
their Epistle to Cyprian,^ style idolatry the great sin, and
the grand sin above all others. And Cyprian^ himself calls
it " suminum delictum, the highest of all crimes. The
blasphemy against the Holy Ghost, which has never for-
giveness, but makes a man guilty of eternal sin :"* that is,
a sin, that was to be punished in both worlds, without repen-
tance. Which is the notion, that most of the Ancients had
of the sin against the Holy Ghost, (to note this by the way)
not that it was absolutely unpardonable,* but that men were
to be punished for it, both in this world and the next, unless
they truly repented of it. Again, Cyprian speaking of ido-
latry in those, that lapsed in persecution, he* distinguishes it
autem ct contraria istis, ut graviora et fxiliosa, qua; voniam non capiant,
lioii'icitliuni, idololutria, fraiis, negatio, blasphcmia, utique et inocchia el
fornicatjo, et si qua alia violatio, templi Dei.
' Teitul. cont. Marcion. lib. iv. cap. ix. Septcm maculis capitalium
delicloiimi, idololatrifi, blasphcmia, liomicidio, adulterio, stupro, falso testi-
monio, fraude. * Ap. Cypr. Ep. xxvi. al. xxxi.
p. C.'i. Grande delictum. Ingens et supra omnia peccatum.
" typr. Ep. X. al. xvi. p. 3(5. Summum delictum esse quod persecutio
commilti coegit, sciunt ipsi etiam qui commiserunt, cum dixcrit Dominus,
" Qui blasjjhemaverit Spiritum Sanctum, non Imbebit remissam, sed reus
est reterni peccati."
* See chap. vii. sect. 3. * f'yp'"' Ep. xi. al. xv. ad
-Martyr. \k 3t. Gravissimum atquc cxtremum delictum.
CHAP. HI. J CHKISTIAN CHURCn. 167
by the title of tho most Iioinous and extiemc oircncc. And
speaking- also of adultery, fraud, and nuirdor, lie calls tlieni'
mortal sins, by way of distinction from those of a lowcir
kind. So Orig-en calls some great and mortal sins, such
as blasplicmv, for which the Church- very rarely allowed
men to do penance above once: but there are other common
sins of daily incursion, such as evil w ords, and other cor-
ruptions of good manners, which admit of frequent repen-
tance, and are redeemed continually without intermission.
Where he plainly shews, that the repentance, which the
Church allowed but once for great sins, means public
penance in the Church : but lesser and common oU'ences
were atoned for another way, and as often as they were
committed, by a daily repentance. In another place,' he rec-
kons up lesser sins, to which all arc more or less subject, such
as detraction and mutual defamation of one another, self-
conceit, bancpietting, lieing, idle words and such other light
faults as are frequently found in men, who have made a g-ood
proficiency in the Church, These therefore could not be the
sins, which ordinarily subjected men to excommunication,un-
less we could suppose all men liable to so severe a censure.
But there were other crimes, which he calls great sins,and sins
unto death ; such as adultery, murder, effeminacy and defile-
ment with mankind, which whoever committed, he was to be
treated as an heathen man or a publican. St. Ambrose makes
the same distinction of sins,^ " As there is but one baptism, so
' Cypr. de Patient, p. 210, Adultcrium, fraus, homicidium mortalc crimen
est. ^ Orig. Horn. xv. in Lcvit. torn. i. p. 174. Si nos
aliqua culpa mortalisiuvenerit, quns non in criminc mortali, non in blaaphe-
niiii fidei, sed vel in sermonibus, vel in morum vitio hujusraodi culpa
semper reparari potest. In f^vavioribus cnim culpis semel tantumvel raro
poonitentifE conceditur locus: ista vero communia, qua; frequenter incurrimus,
semper pocnitenliam recipiunt, et sine intermissione redimuntur.
•' Id. Tract, vi. in Mat. p. 00. Ncc enim existimo cito aliqucm inveniri in
ecclesia, qui non jam ter in eudem culpa argutus sit, utputa in detractione,
qua invicem homines dctrahunt proximus suis, aut inflatione, aut in cpula-
tione, aut in verbo mendacii vel ocioso, aut in tali aliqufi culpfi levi, quae
etiam in illis qui vidcntur proficere in ecclesiPi, frequenter inveniuntur.
♦ Ambr. de Pocnit. lib. ii. cap. 10. Sicut unum baptisraa, ita una poeni-
tentia, qutc tamen publice agitur. Nam quotidiani nos debet pa>nitere pecca-
ti : sed ha;c delictorum levionun, is i^Ua graviorum.
168 THE ANTIQUITIES OF THE [bGOK XVt.
there is but one public penance ; for v.e are to do penance
for the sins we comniit every day : but this last penance is
for small sins, and the former for great ones/' And so
Prosper, or Jnlianus Pomerius under his name, says,*
^' There are some sins so small, tiiat we cannot perfectly
avoid them, and for the expiation of these we cry daily to
God, and say. Forgive us our trespasses as we forgive them
that trespass against us: but there are other sins, which
ought more carefully to be avoided, because when men are
publicly convicted of them, they make them liable to be
punished by human judgment :" meaning, that such capital
offences were the crimes, which subjected men to excommu-
nication, and not those lesser faults, which were only
matter of daily repentance. Cassian observes seven kinds
of human failinas, which he distincruishes from mortal sins:
saying-,^ " It is one thing to commit mortal sin, and another
to be overtaken with an evil thought, or to offend by igno-
rance, or forgetfulness, or an idle word, which easily slips
from us, or by a short hesitation in some point of faith,
or the subtile ticklings of vaiii-glory, or by necessity of
naturetofall short of perfection. For these seven ways a holy
man is liable to fall; and yet he does notecase tobe righteous,
and though they seem to be but small sins, yet they are
enough to prove, that he cannot be without sin : for he has
upon this account need of a daily repentance, and is obliged
in truth without any dissimulation to ask pardon, and pray
continually for his sins, saying, Forgive us our trespasses.''
Gregory Nyssen has a Canonical Epistle concerning disci-
pline, wherein, as Du Pin observes, he makes an exact enu-
meration of those sins, which subjected :nen to public
penance, which are all enormous sins and considerable
crimes, such as idolatry, apostacy, divination, murder,
adultery, theft, and sacrilege. From all which it is very
• Prosppr. de Vit. Contcmplat. lib. ii. cap. 7. Exceptis peccatis, quae
lain parva sunt ut caveri non possint, pro quibus fxpiandis quotidie dama-
nuis ad Di-um, et dicimus, " Dimittc, &c." lUa criniiiia cavcantur, qua;
publicata suos autores huniano faciuiit damnari judicio.
"^ Cassian. Collat. xxii. cap. 13. Aliud est adniittcrr mortalo poccatum,
el aliud est cogitatione qu;c peccato non caret pra!veniri, vrl ignorantis aut
oblivionis «rrore, aiit facilitate ociosi scrmonis ofTcndcre, Ac.
OHAP. HI.] ClllUSTIAN CIIUUCH. 169
cvid(Mit, that by the ancient rules no crimes were to be
puiiisl)ed with excotniniinication, but those that were of the
hig-hest nature, which they called mortal sins ; nor yet all
remote violations ot" the moral law, but only the more im-
mediate, direct and professed transg-jessions of it. Of the
species and effects of ang'cr, as Greg'ory Nyssen* observes
they inflicted canonical and public penance upon murder;
but not upon the inferior degrees of it, such as stripes, and
evil-speaking", or other (effects of anger, which are prohibi-
ted in Scripture, and bring men in danger of eternal death.
So of all the deg'rees of covetousness, which are very
many and heinous, they punished none with excommunica-
tion but only notorious oppression, and theft, and robbing-
of graves, and sacrileg-e, and the like. So that when they
sometimes call sins of this middle rank, light and venial sins,
in contradistinction to those they termed mortal, tliey do not
mean what now the vulgar casuists of the Romish Church
mean by venial sins, but only that they were not of the
number of tliose capital crimes, for which the Church sub-
jected men to excommunication, and enjoined them public
repentance. Which the learned reader may find not only
accurately demonstrated by Mr, Daiile,- but ingenuously con-
fessed by Du Pin,^ and also Petavius^ before him, Daille
transcribes Petavius's words, and I shall here transcribe
those of Du Pin: " I would not have it thought,"" says he,
" that I make these remarks to authorise licentiousness, or to
insinuate, that there are some mortal sins, that may pass for
venial : God forbid, that I should have so detestable a de-
sio-n ! On the contrary, mv intention is to create an horror
of all sins ; first of great crimes: secondly, of sms, which
may be mortal, though they appear not so enormous: and
thirdly, even of slighter sins also. But I thought myself
obliged to observe here, for explaining a passage in St.
Ambrose, that none but the sins of the first class did sub-
ject men to public penance, and that it is of these only the
' Nyssen, Ep. ad Leotium, ' ' Dallse, de Confess. Auri-
cular, lib. iv. cap. 20. • DuPin, Cent, iv, p. 219.
♦ Petav. Not. in Epiphan. p. 238.
170 THE ANTIQUITIES OF THE [BOOK XVIv
Fathers speak, and which they corr.prehond under the name
of enormous sins and crimes : thoug-h tliere be others, which
may be also mortal, and which a Christian oug'ht carefully
to shun ; but then they are such, for which he was never
subjected to the humiliation of a public penance, but only
to corrections and reprimands given in secret, as St. Aus-
tin informs us." These observations are very just: for it
is certain, the Fathers speak against all sins, even those of
the lowest rank, as dang'erous and mortal, if neglected and
wilfully indulged, and not carefully opposed by striving*
against them, and washing away the guilt by daily repen-
tance : according- to what we iiave heard St. Austin say*
before, that a multitude of lesser sins overwhelm and kill
the soul, if they be neglected ; as a small leak in a ship, if
if it be not carefully stopped or drained, will sink it, as well
as a bigger wave: which comparison' he uses in many places.
And the reader, that pleases, may find the same caution given
against lesser sins, as mortal in their own nature, if neglected
and indulged, by Nazianzen,^ Basil,* Jerom,^ Gregory the
Great,« and many others, who say, there is no sin so small, but
that in rigour of justice it would prove mortal, if God would
enter into judgment with us, and be extreme to mark what
is done amiss against his law, and especially in bontempt of
it. But to return to the business in hand.
Sect. 15.— Excommunication not inflicted for temporiil Causes.
As it was a general rule, not to use excommunication for
sliMit olfences, so we may observe, it was no rule to use
this weapon, as in after ages, for mere pecuniary matters
and temporal causes. It has^frequently been complained of
l)y learned men, both of the Protestant and Roman com-
' Aug. Tract, xii. in Joan. p. 47. ' Vid. Aug. Tract,
i. in 1 Joan. p. 237. Serni. iii. in Psal. IIK. p. 545. Do Civ. Dei. lib.
xxi. cap. xxvii. Ep. 108. Horn. ult. c-x 50. ^ Naz. Orat.
xxxi. p. 504. ♦ Basil. Uegula. Brev. iv.
Ilieron. Ep. xiv. ^ Gri-fC. lib. ii. in tap, i. Reg. Horn,
ii. in Ezck. Gcnnad. dc Eccl. Dogni. cap. 53,
A
CHAP. Ill,] CHRISTIAN CHURCH. 171
nuiuion,thiit tliis is a fj^rcut abuse of excommunication,' that
it is tifton issued i'orfh I'ov the discovery of llieft, or the
manifestation of secret actions. Of \vhieh there are divers
instances in the Decretals; and approbation is given to
them by the Council ofTrent,^ only reserving- such cases, as
a special privilege to the bishop ; who is to give a premo-
nition to he knows not whom, und condemn a pretended
criminal withoul hearing, contrary to all the rules aforesaid
in theprimilive Church, which allowed no excommunication
in a slight cause, nor in any cause without sudicicnt evi-
dence, and allowing" the criminal to speak for himself. So
again, as Du Moulin observes^ out of Cardinal Tolet, in
the Romish Church they excommunicate men for future
time, and before any crime is committed, and that for
securing only the stocks or trees of the lort! of a town or
village from spoil, although no man has laid hand upon
them. At the request of a creditor they excommunicate a
debtor, if he pay not within a certain term, I'and his insuf-
ficiency to pay is the only remedy, in the utmost extremity,
which the law of the Decretals* allows him from so severe
a censure. But that which is chiefly complained of by
their own learned Gerson in this matter, is tlie abuse of ex-
communication in the pecuniary concerns of ecclesiastical
courts themselves. Bishop Taylor has alleged* him in
these words : " Not every contumacy against the orders of
courts ecclesiastical is to bo punished with this death. If
it be in matters of faith or manners, then the case is com-
petent: but when it is a question of money and fees,
besides that the case is full of envy and reproach, apt for
scandal, and to bring' contempt upon the Church, the
Church has no direct power in it ; and if it have by the aid
'Taylor, Duct. Dubit. lib. iii. cap. iv. p. 617. Du Moulin. Buckler of
Faith, p. 369. Gentillet. Exanien. Con. Trid. p. 300. Gerson. in Bishop
Taylor, ibid. * Con. Trid. Se.ss. xxv. de Reformat, cap.
iii. Excommunicationes illae, quae monitionibus priEmissis, adfinein revela-
tionis, ut aiunt, aut pro deperditis sea subtractis rebus ferri solent, & nemi-
ne prorsus piBctertiufim ab cpiscopo deceniaiitur. ^ Du Mou-
lin, ibid, ex Toli't. Instruct. Sacerdot. cap. viii. * Decretal.
Gregor. lib. iii. tit. xxiii. de Solution, cop. iii. * Gerson. d(
Vita Spiritual!. Icct. iv. corol. vii.
172 THE ANTIQUITIES OF THIi [bOOK XVI.
of the civil power, then for that a civil coertion must be
used. It is certainly unhiwful to excommunicate any man
for not paying- the fees of courts : for a contumacy there is
an offence ag-ainst the civil power, and he hath a sword of
his own to avenfi-e that. But excommunication is a sword
to avenge the contumacy of them, who stubbornly offend
ag-ainst the discipline of the Church, in that wherein Christ
hath given her authority, and that is in the matters of
salvation and damnation immediate, in such things where
there is no secular interest, where there can be no dispute,
where the offender does not sin by consequence and in-
terpretation, but directly and without excuse. But let it be
considered how great a reproach it is to ecclesiastical disci-
pline, if it be made to minister to the covetousness, or to
the needs of proctors and advocates : and if the Church
shall punish more cruelly than civil courts for equal
offences, and because she hath but one thing to strike
withal, if she upon all occasions smites with her sword, it
will either kill too many, or hurt and affright none at all."
Whatever force there is in these arguments, or however
they may affect the Romish Church for this apparent cor-
ruption of discipline, they do not in the least affect the
primitive Church, which was conscious of no such practice,
but forbad all excommunication for light offences, among-
which pecuniary matters must be reckoned. It is true,
bishops sometimes sat judges in civil causes, and their
determinations in such cases were peremptory and final :
but then their coercive power in such judicatures was not
excommunication, but civil punishments borrowed from the
state, and which the state obliged itself to see duly put in
execution ; of which I have given an ample account* here-
tofore, and shewn it to be a very different thing from ex-
communication, or any kind of ecclesiastical censure.
' Book ii. cliap. vii.
CHAP. III.] cmtisiaAN church. ITiJ
Sect. 16. — No Bishop allowed to use it to avengo any private Injury done
to himself.
I observe further, as very remiirkiible in this matter, that
no bishop was allowed to e.vcotnrnunicate any man for any
private injury done to himself. For though this might be a
great crime, yet it looked Ukeavenging himself, and therefore
it was thonghl unbecoming his character to right himself by
excommunication, but either he was to bear the injury
patiently, or commit his cause to the judgment of others.
Upon this account Cyprian distinguishes between injuries
done to himseif in his personal and private capacity, and
injuries done to the detriment of the brethren or whole
body of the Church.' " I can bear and pass over any
affront, that is put upon my episcopal character, as I have
always done, when it only concerned my own person ; but
now there is no longer room for forbearance, when many
of our brethren are deceived by some of you, who, whilst
they would more plausibly recommend themselves to the
lapsers, by an unreasonable and hasty restoring* them to the
peace of the Church, do more really prejudice their sal-
vation." Here he plainly distinguishes between personal
injuries, which he could bear without any great resentment
or thoughts of punishing- : but those, that were of a more
public nature, and not only affronts to his authority, but
prejudicial to the people, those he threatens to animadvert
upon according to their deserving. We find a like distinc-
tion made by Gregory the Great, who, writing to a certain
bishop, who had excommunicated a man for a private injury
done to himself, thus reproves him for it .^ " You shew-
' Cypr. Ep. X. al. xvi. ad Cler. p. 36. Contumeliam episcopatQs nostri
dissimulare et ferre possum, sicut dissimulavi semper et pertuli : sed dissi-
mulandi nunc locus non est, quando decipialur fraternitas nostra a quibusdam
Testrum, qui dum sine ratione restituendae salulis plausibiles esse cupiunt,
magis lapsis obsunt.
* Greg. lib. ii. ep. xxxiv. Nihil te ostendis de cffilestibus cogitate, sed
terrenain te conversationem liabere significas ; dun pro vindicta proprice in-
jurisB (quod sacris regulis prohibetur) maledictionem anathematis inyexisti.
174 THE ANTIQUITIES OF THE [BOOK XVI.
that you think nothing- of hoavonly things, whilst you in-
flict the curse of Anathema or excommunication for the
avengino- a private injury done to yourself, which the holy
canons forbid. Therefore be circumspect and cautious for
the future, and presume not to do any such thing to any
man in defence of your own private injuries. Otherwise
you may expect to feel the censures of the Church for your
presumption." That there were ancient canons to this pur-
pose in the time of Gregory, cannot be doubted from his
testimony, though 1 know of none at present, that speak
directly to this particular case; only in general tlie Council
of Sardica' forbids l)ishops to excommunicate any one in
passion or hasty anger, and allows the injured person to
appeal to the provincial synod, or the neighbouring bishops
for redress in all such cases.
Sect. 17. — No Man to be excommunicated for Sins only in Design and
Intention.
It is also worth noting, that the Church inflicted the
severe censures of excommunication upon men for overt
acts, and not for sins in bare design and intention : because,
though these might be great sins before God, as our
Saviour says, " He that looks on a woman to lust after her,
hath committed adultery with her already in his heart ;"" yet
the Church was no proper judge of the heart, and therefore
she did not ordinarily punish such sins, till they made some
visible appearance in the outward action. This seems to be
the meaning of that canon of the Council of Neocaesarea,-
which says, " if a man purpose in his heart to commit fornica-
tion with a woman, but his lust proceed not into action, it is
apparent he is delivered by grace. " That is, he sins before
God for his wicked design, but the Church inflicts not ex-
communication upon him, because his intention proceeds
Unde decactoro onmino esto circunispectus atque sollicitus, ot talia cuiquani
pro defensione propria; iiijuriai tua; infcrre dinuo non prKSumas. Nam si
tale aliquid feceris, in te scias postcQ, vindicaiidum. Vid. Gratian. caus.
xxiii. quajst. iv. cap. xxvii.
' Con. Sardic. can. xiv. in Latin, Edit, xvii. * Con.
Neocjesar. can. iv.
CHAP. III.] CHRISTIAN CHURCH. 17'>
not to any outward act of uncloanncss. So Zonaras' intor-
prots it ainono- the Ancients, and Osiandcr atnoni;- tlic
niodorn' intorpictcrs. Though sonio tliijd<, that .vuch in-
tentions, if discovered by any overt-acts, mig-ht bring- a man
under ecclesiastical censure.
Sect. IS. — Nor for forced or Involuntary Actions.
The case is more ch^ar as to all forced aiul involuntary
actions, where the will was no way consenting- to them. For
as they were free from sin, so they were from punishment.
There were some indeed, who out of an over-abundant zeal
and ignorant pretence of purity, were for e.vcluding- men
from communion for such things, which were more to bo
reckoned their misfortunes than their crimes: but the
Council of Ancyra prudently corrected this erroneous zeal
by a canon-' to this purpose : '•' that communion should not be
denied to those, who fled, but were apprehended, or betrayed
by their servants, and suffered loss of their estates, or tor-
ture, or imprisonment, declaring all the while that they
were Christians: though they were held, and by violence
the incense was put into their hands, and they were forced
to receive meat offered to idols into their mouths, declaring-
themselves all the time to be Christians, and shewing by
their behaviour and habit and humble course of life, that
they were sorry for that, which happened; these being-
without sin, are not to be debarred from communion. Or if
by the super-abundant caution or ignorance of any, they
have been debarred, let them forthwith be received into
communion again. And the like is determined in the case
of women, that suffer ravishment against their wills, by
Gregory Thaumaturgus,* and St. 13asil.^ And so by
Dionysius of Alexandria," and Athanasius,'^ and others, for
any involuntary defilement whatsoever. These were the
' Zonard. incan.xxxii. Basil. ^ Osian. in Can. iv. Neo-
cses. Edit. Witeberg, 1614, Hoc videtur velle hie canon, eum non cadere
sub pce\iam aliquam disciplinae ccclesiasticse, &c.
^ Con Ancyr. can. iii. * Greg. Thaura. can. i.
* Basil, can. xlix, ® Dionys. can. iv.
' Athan. Ep. ad Ammum. ap, Bevercg. Pandect, torn. ii. p. xxxvi.
176 THE ANTIQUlTlliS OF THE [BOOK XVI
general measures observed by the Ancients, to distinguish
^reatanfi small offences, or innocence from sin, in order to
shew what might or might not bring- men under the censure
of excommunication. But because it will contribute much
toward the more exact understanding of the ancient discipline,
to know more particularly the several sorts of those greater
crimes, for which men were subjected to the highest censures,
I will now [)roceed to make a more distinct inquiry into the
nature, and kinds, and degrees of those high misdemeanors
in the following chapters.
CHAP. JV.
A particular Account of those called qreat Crimes, the
principal of ivhich ivas Idolatry. Of its several Species,
and Deijrees of Punishment allotted to them according to
the Proportion and Quality of the Offences.
Sect. 1. — The Mistake of some about the Number of great Crimes, in con-
fining them to Idolatry, Adultery, and Murder.
Learned men are not Avell ag-reed about the number of
those, which the Ancients called great crimes, with reference
to the ecclesiastical punishment, nor about the reason and
foundation of that title. There were some in St. Austin's
time, who were for confining great crimes, for which excom-
munication was to be inflicted, to three only, adultery, ido-
latry, and murder : these they allowed to be mortal sins, and
made no doubt but that they were to be punished' with ex-
communication, till they were cured by the humiliation of
public penance ; but for all others they said compensation
might easily be made by giving of alms. This St. Austin
' Aug. de Fide et Oper. cap. xix. Qui aiitem opinantur et csetera eleemo-
synis facile compensari, tria tamen mortifera esse non dubitent excoumiuni-
calione punienda, donee poenitentii hurailiore sanentur, Irapudicitiaro, idolo-
latriam, homicidium.
ClIAl*. IV.] CHRISTIAN CIIIIUOH. 177
labours to cont'ulo, not only in llic [)lace alleged, hut in
several otliers,' by uliicli it is evident, that these were not
the only great crinies, that were punished with excommu-
nication. And therefore those modern authors make a
wrong representation of the ancient discipline, who confine
it to those three great crimes, or to such as may be reduced
to them : since it is apparent from what is now said, that it
extended much further; and, as I shall presently shew, in-
cluded all the great crimes against the whole Decalogue,
or transgressions of the moral law in every instance.
Sect. 2. — The Account given of great Crimes in the Civil Law, extended
much further.
And it is very observable, that even in the civil law, the
account that is given of great crimes, extended much fur-
ther. For when the Emperors, according- to custom, at the
Easter festival, granted a general release and indulgence to
such as were imprisoned for their misdemeanours, they still
excepted several other heinous crimes, specified in their
laws, some five, some six, some eight, some ten, which can-
not be reduced to the three crimes of idolatry, adultery, and
murder. The laws of Valentinian and Gratian except seven
capital crimes from any benefit of such indulgence,^ viz.
sacrilege, treason, robbing of graves, necromancy, adultery,
ravishment, and murder. The laws of Theodosius the Great
except eight capital crimes, treason, parricide, murder, adul-
tery, ravishment, incest, necromancy, and counterfeiting of
the imperial coin.^ And those of Valentinian Junior except
ten ;* sacrilege, adultery, incest, ravishment, robbing- of
graves, charms, necromancy, counterfeiting the coin, mur-
der and treason. Now when the civil law excepted so
many great crimes, under the name of Atrocia Delicta, from
* Vid. Aug. Horn. ult. ex 50. De Civ. Dei. lib. xxi. cap. 27.
* Cod. Theod. lib. ix. tit. 38. De Indulgentiis Criminum leg. iii. Ob
diem Paschae, quem intimo corde celebramus, omnibus quos rcatus ad-
stringit, career inclusit, claustro dissolvimus. Attamen sacrilegus, in maj es-
tate reus, in mortuos, veneficus sive maleficus, adulter, raptor, homicida
communione istius muneris separentur. It. Leg. iv. ibid.
* Ibid. Leg. vi, * Ibid. Leg. vii, et viii.
VOL, VI. N
178 THK ANTIQU/TIKS OKTHii [bOOK XVI.
tho benetit of" these indulg-ence^, it is not probable, were
there no other arg-ument to persuade it, that the ecclesias-
tical law would let any of those heinous offences o-o un-
punished, or wholly escape the severity of Church-censure.
Sect. 3. — And in the Ecclesiastical r,aw, the Account of great Crimes ex-
tended to the whole Decalogue.
But we have clearer and more certain evidence in the
case. For first St. Austin says, the groat crimes, which
were punished with public penance, were such as were
acainst the whole Decalogue or ten commandments * of
which the Apostle says, " they which do such things,
shall not inherit the kingdom of God." Only, as Mr.
Daille rightly observes,- we must interpret this of ca-
pital crimes directly and expressly forbidden in the law,
not of all remote branches or lower degrees of sin, that
may any way whatsoever be reduced to the principal
crime, or indirectly come under the prohibition. For other-
wise it would not be true, ihat all sins forbidden in the
Decalogue brought men under public penance, since there
are some transgressions only conceived in the heart, and
never completed in outward action,' which though they
might be great breaches of the law, yet they could not
come under public censure, but were to be cured by private
repentance.
Sect. \. — A particular Enumeration of the great Crimes against the first
and second Commandments. Of Idolatry, and the several Species and
Branches of it.
Supposing therefore, tliat there were many great crimes
against every precept of the monil law, which might bring
men under ecclesiastical censure, and piihlie pennnce, we
will now proceed in the order of the Decalogue, to consider
the nature, and kinds, and punishment of thern. The great
• Aug. Horn. ult. ex 50. cap, iii. tom. x. p, 205. Tertia actio est poeniten-
tis, quffi pro illis peccatis subeunda est, quae iegis decalogus continet ; et
de quibus Apostolus ait, ' Qui talia agunt, regnum Dei non possidebunt.'
• Dalleeus de Confess. Auricular, lib. iv. cap. xx. p. 431.
• Vid. Aug. Horn. xliv. de Verb. Dom. c. r.
CHAP. IV.] CHRISTIAN CHURCH. 179
crimes ag-ainst the first and second commandments, which
were commonly joined together, were comprised under the
general names ol" apostacy and irreUgion ; which compre-
hended the several species of idohilry ; bkrspheming- and
denying- Christ in time of persecution ; using the wicked
arts of divination, magic, and enchantments ; and dishonour-
ing' God by sacrilege and simony ; by heresy and schism ;
and other such profanations and abuses, corruptions and
contempts of his true religion and service. All these were
justly reputed great crimes, and ordinarily punished with
the severest ecclesiastical censures.
Sect. 6. — Of the Sacriftcati and Thurificati, or such as fell into Idolatry by
offering Incense to Idols, and partaking of the Sacrifices.
Of idolaters there were several sorts ; some went openly
to the temples, and there offered incense to the idols, and
were partakers of the sacrifices. These were distinguished
by the name of Sacrijicati and Thurificati, as we find them
often styled in Cyprian,^ who speaks of them as defiling both
their hands and mouths by the sacrilegious touch : meaning
their hands by ofl'ering incense, and their mouths by eating
of t!ie sacrifices. And of these also there were several de-
grees. Some, as soon as ever a persecution was set on
foot, before they were called upon, or had any violence
offered to them, went voluntarily to the temples, and offered
sacrifice of their own accord ; whilst others held out a long-
time against torture, and only sacrificed, when the utmost
necessity compelled them. Cyprian makes a great diffe-
rence between these two sorts of lapsers,^ as he does also
' Cypr. Ep. XV. al. 20. ad Cler. Rora. p. 43. Qui sacrilegis contactibus
manus suas atque ora maculassent. It. Ep. Iv. al. 52. ad Antonian, p. 108.
Placuit sacrificatisin t'xitu subveniri, quia exoniologesisapud inferos non est.
* Cypr. ibid. p. 1013. Inler ipsos etiam qui sacrificaverint, et conditio
frequenter et causa diversaest. Neque enim aequandi sunt, ille qui ad sa-
cnficium nefanduui statim voluntate prosilivit ; et qui reluctatiis et congres-
sus diu ad hoc funestum opus necessitate pervenit. lUe qui et se et onmes
sues piodidit; et qui ipse pro cunctis ad discrimen accedens, uxoreni et li-
beros et domum totam periculi sui perfunctione protexit • ille qui inqullinos
vel amicos suos ad facinus compulit ; et qui inquilinis et colonis pepercit ;
n2
ISO THE ANTlQUITirs OF THE [p.OOK XVI.
between those, who went not only themselves, but com-
pelled their wives and children, and servants, and friends to
go and sacrifice with them; and those, who to deliver their
families and friends from danger, went and exposed them-
selves alone ; by this means protecting' not only their own
families, but also manv Christian brethren and stranorers,
that were banished and had fled to take shelter in their
houses, who were as so many iivins^ intercessors to God for
them. They who did thus, he thinks, were much more ex-
cusable than those, who both went voluntarily, and by their
counsel and authority compelled many others to go along-
with them. Whose crimes he therefore eleg-antly describes
and aggravates after this manner in his Book De Lapsis :^
" They did not stay, till they were apprehended, to go to
the capital, but denied the faith before any question was
asked them about it. They were conquered before the
fight, and fell without any eng'agement. They ran to the
forum of their own accord, and made haste to give them-
selves the mortal wound, as their own voluntary act, without
compulsion : as if they had desired this long before, and
now only embraced the opportunity that was given them,
which they always wished for. How was it, that when they
went so readily to the capital to do this wicked act, their legs
did not sink under them, and their eyes grow dim, and their
bowels tremble, and their arms fall down, and their senses
become stupid, and their tongue finilter, or cleave to the
roof of their mouth, and their words fail them? could the
servant of God stand there, and speak and renounce Christ,
who had before renounced the devil and the world ? was
not that altar, whither he came to die, more like his funeral
pile ? ought he not to have abhorred and fled from the altar
ot the devil, as his coflin or his grave, when he saw it smoke
and fume with a stinking smell 1 to what purpose, thou
miserable wretch, didst thou bring thy oblation, and put
fratips etiam plurimos, qui cxtorres et piofugi recedebant, in sua tecta et
hospitia recepit, ostencliMis et ofTi-rens Dmiiino multas \iventes et incolumps
animas, quee pro una saucia doprrcontiir. Vid. Petri Alex. can. 1, 2. 3.
' Cypr.de F^apsis. p. ]->i.
CHAP. IV. j CHRISTIAN CMDKCll. \^\
thy siK riHc'o upon the altar ■ TIkhi thvsclj' wcmI tlie vieliin,
thou tliysoif the sacrilice and huint-od'erin^-. There tlsou
didst saeiitice thy salvation, and hum thy faith and thy
hope in those abominable fires. But many were not con-
tent with their own destruction ; the people provoked on«;
another into ruin by mutual calls and exhortations, and the
cup of deatli was handed round by every man to his neigh-
bour. And that nothing niijiht be wantin*!- to consummate the
crime, parents carried their cliiidren in their arms, or led them
after them, that their little ones mioht lose whtit thev had
gained in tlieir first birth. Will not they say, when the day
of judgment comes, we did nothing" ourselves; we did not
leave the bread and cup of the Lord, to run of our own ac-
cord to those profane contagions : it was the treachery of
others that destroyed us, our parents were guilty of parricide
towards us. They deprived us of the privilege of having' the
Church for our mother, and God for our Father ; that whilst
we were little, and unable to care for ourselves, and igno-
rant of so great a wickedness, we should be taken and be-
trayed by other men's frauds, being- by them made partners
in their otiences." Thus far Cyprian, aggravating the
crimes of those, who shewed such a forwardness to commit
idolatry, and apostatise with g-reediness and delight.
Now as these were some of the highest deg-rees of idola-
try, so the Church put a remarkable difference between
them and others in her punishments, setting a more peculiar
mark or note of disthiction upon them in her censures.
There are several canons in the Council of Ancyra, which
plainly shew this distinction. The fourth canon orders,
" That they, who were compelled to to go to an idol temple,
if they went with a pleasing air, and in a festival habit, and
took share of the feast with unconcernedness ; that they
should do six years penance, one as hearers only, three as
prostrators, and two as costanders to hear the prayers, be-
fore they were admitted to full communion again. But if
they went in a mourning habit to the temple, and wept all
the time they eat of the sacrifice, then four years penance
should be sufficient to restore them to [)erfection.'' The
eio-hth canon orders, ' Those, who repeated their crime by
182 THE ANTIQUITIES OF THE [boOK XVI.
sacrificing- twice or tlirice, to do a long-er penance :" for
seven years is appointed to be thoir term of discipline-
And by the ninth canon, " If any not only sacrificed them-
selves, but also compelled their brethren, or were the occa-
sion of compelling- them, then they were to do ten yeats
penance, as guilty of a more heinous wickedness," according-
as we have heard Cyprian represent it. But if any did nei-
ther s;icrifice, nor eat things od'crcd to idols, but only their
own meat on an heathen festival in an idol-temple, they
were only confined to two years penance by the seventh
canon of the same Council. These canons chiefly respect
such as transgressed after some violence or force put upon
them, by torture or barushmetit, or imprisonment or confis-
cation, or the like necessity in any other kind of trial : but
if any voluntarily apostatised, and prevaricated without com-
pulsion, a severer punishment was laid upon them: for, by
the rules of the Council of Nice,^ they were to undergo
twelve years penance, before they were perfectly restored
again to full communion. And the same term is appointed
by the second Council of Arles,^ which refers to the Nicene
canon. The Council of Valence, in France,^ goes a little
further, and obliges them to do penance all their lives, and
allows them absolution only at the hour of death, which
they were to expect more fully from the hands of God
only, who alone had the absolute power of it, and was in-
finite in mercy, that no one should despair. Agreeable
to which is that rule of Siricius,* that apostates should do
penance all their lives, and be reconciled otdy at the hour
of death. The Council of Eiiberis goes beyond this, and
denies such apostates communion at the very last extre-
mity,^ because this was the great and principal crime above
' Con. Nic. can. xi. ' Con. Arclat. ii. can. 10.
^ Con. Valentin, can. iii, Acluri pocnitentiam usque in dicin mortis, non
sine spe tamcn remissionis, quam a'> eo plene sperave dobcbunt, qui ejus
lara:itatem et solus obtinct, ct tarn diu ci niisericordia est, ut nemo desperet.
* Siric. Ep. i. ail Ilinierium, cap. iii. Apostatis, quamdiu vivunt, agenda
pff'uitentia est, ct in ultimo fine suo reconciliationis sjratia tribiienda.
* Con. Elibor. can. i. Plaeuit inter eos, qui post fidem baptismi salutaris,
adulta setate, ad templum idolatraturus accesserit, et feceril quod est crimen
principale, quia est' summum scelus, nee in fine eum communionem accipcre.
CHAP. IV.] CHRISTIAN CHURCH. 1 ft.^
all otiiers. And sonietiines adultery and murder were a sort
of accessories or concomitants of this idolatry, as many
times it was in the heathenish games and shews, which
were made up of idolatry, adultery, and murder: upon which
account this same Council has another canon,' which orders,
" that if any Christian took upon him the office of a Fla-
men or Roman priest, and therein offered sacrifice, doubling
and trebling- his crime Ijy murder and adultery, he should
not be received to communion at the hour of death." Nor
need we wonder at this severity, since Cyprian assures us,'
that before his time many of his predecessors in the province
of Afric refused to grant communion to adulterers to the very
last; and yet they did not divide communion from their fellow
bishops, who practised otherwise. And he says further, con-
cerning voluntary deserters and apostates,^ who continued in
rebellion all their lives, and only desired penance when some
infirmity seized them, that they were cut off from all hopes
of communion and peace ; because it was not repentance
for their fault, but the fear of approaching death that made
them desire a reconciliation ; and they were not worthy to
receive that comfort at their death, who would not consider
all their life before, that they were Uable to die. The first
Council of Aries made a like decree,* " that such as volun-
tarily apostatised, and never after sued to the Church, nor
' Con. Eliber. can. ii. Flamincs, qui post tidem lavacri el regenerationis
sacrificaverunt : eo quod gerainaverint scelera, accedente homicidio ; vel
triplicaverint faciuus, cohserente moechiS, placuil eos nee in fine accipere
communionem. * Cypr. Ep. Hi. al. Iv. ad Antonian. p. 110.
Et quidem apud antecessores nostros quidam de episcopis istic in provincia
nostra dandam pacem mcechis non putaverunl, et in totum pocniti-ntia; locum
contra adulteiia clauserunt, non tamen a co-episcoporuni suorum collegio
recesserunt, &c.
8 Cypr. ibid. p. 111. Idcirco pcenitentiam non agcntes, nee dolorem
delictorum suorum toto corde et nianifesta lamenlationis suae professione
testantes, prohibendos omnino censuiraus a spe coinmunicationis etpacis;
quia rogarc eos non delicti pccnilenlia, sed mortis urgentis admonitio com-
pellit; nee dignus est in morte accipere solatium, qui se non cogitavit esse
raoriturum. ♦ Con. Arelat. 1. can. 23, De his, qui apostant et
nunquam se ad ecclesiam reprtcscnteut, nee quidem poeuitcntiam agere
quserunt, et poslea in infirmitatc arrepti petunt coromunionera, placniteis non
dandam communionem. nisi revaluerint, et cgerint dignos fructus pcejihenlise.
184 THE ANTIQUITIKS OF THE [boOK XVI
desired to do penance all their lives till sonne infirmity
seized them, should not be received to communion, unless
they recovered and brought forth fruits worthy of repen-
tance." These were the rules by which the ancient disci-
pline was regulated and conducted in reference to such ido-
laters and apostates, as actually defiled themselves by
offering- sacrifice to idols, whether it were by force or by
choice ; whether they lapsed singly, or drew others into
the same crime with themselves ; and whether they returned
immediately and became penitents, or continued apostates
and rebels: according to the difference of uhich circum-
stances, diff*erent degrees of punishment were laid upon
them.
Sect. G.— Of the Libellatiei ; wherein their Idolatry consisted.
iVnother sort of those, who lapsed into idolatry, and were
charged with denying their religion, were caUcd Libellatiei,
from certain libels or writings which they either gave to the
heathen magistrates in private, or received from them, to be
excused doing sacrifice in public. Baronius thinks there
was one sort o^ Libellatiei,^ and that they all expressly de-
nied Christ, either by themselves or others; but being
ashamed to sacrifice or deny him in public, they made a
private renunciation, and for a bribe got a libel of security
from the magistrate, to indemnify and secure them from
being sought after, or called upon to sacrifice in public.
But other learned men observe some distinction among
thera :* and indeed there seem at least to have been three
sorts of them. Some expressly gave it under their hands to
the magistrate, that they were no Christians, denying their
relig-ion in word or writing-, as others did in action ; pro-
fessing they were ready to sacrifice, if the magistrate should
call them to it. Cyprian often speaT^s of these, and puts
them in the same class with those that actually sacrificed.
" Let not those flatter themselves," says he,^ "as if they
' Baron, an. y53. n. 20. ' Vid. Albaspin. Observat. lib. i. cap. 21.
Cave Prim. Christ, lib. iii. c. v. p. 381. .Suiter. Thesiiur. toni. ii. p. 210.
• Cypr. <lf Liii'sis p. 13."^. \ec sibi (juo minus ai^aiil poeiiit''nliam, blnndiaii-
r!HAl'. IV.] CHRISTIAN CHURCH. 185
were excused fiutn doinf^ peuaneo, who, aItlion<^li tliey did
not defile tlieir hands with the aborniimblc saeiitiee.s, yet
detiletl their consciences by a libel. A Christian, that pro-
fesses he denies his religion, is witness against hinaself, that
he abjures what he was before 5 he owns in words to have
done, whatever the other did in real action." Another sort
did neither abjure, nor sign any libel or abjuration them-
selves, but sent either an heathen friend, or a servant to
sacrifige or abjure in their names, and thereby procure them
a libel of security from the magistrate, as if they had done
what the others did for them. And indeed the Church
so interpreted it, and reckoned tliese no less criminals than
the former. The Roman clergy in their Letter to Cyprian,
condemn them both alike,' saying, " that this latter sort,
though they were not present at the fact of delivering' the
libel to the magistrate, yet they were in effect present by
commanding- it to be written and presented. For he that
commands a sin to be done, cannot discharge himself of the
sruilt of it ; nor can he be innocent of the crime, by whose
consent it is publicly read in court as done, thoug-h he was
not actually the doer of it. Seeing the whole mystery of
faith is summed up in confessing- the name of Christ, he
that seeks by any fallacious tricks to excuse himself from
such profession, does plainly deny it : and he, who when
edicts and laws are published against the Gospel, would be
thought to comply with and observe thorn, does in that very
thino- obey them, in that he would have the world believe
that he does obey them." The canons of Peter, bishop of
Alexandria, also take notice of this sort of libellers, and ap-
tur, qui etsi nefandis sacrificiis maniis non contaminaverunt, libellis tamen con-
scientiam polhiciunt. Et ilia profi'ssio deneg-antis contestatio est Christiani,
quod fuerat, abnuenlis ; fecissc; se dixit, quicquid alius I'aciendo commisit.
So in the Epistle of the Roman Clergy to Cyprian. Ep. xxx, al. xxxi.
p. 67. Seipsos iiilideles illicita nefarioruui libellorum professione prodide-
rant, quando non minus quam si aJ nefarias aras accessissent, hoc ipso quod
contestati fuerant, tenerentur.
' Ibid. SentRntiain tulimus etiam advcrsus illos qui acccpta fecissent, licet
prjesentes cum fierent non atluissent, ciini prasentiani suani ulique ut sic
scriberentur mandando fecissent. Non est enim inimunis a scelere, qui ut
fieret impcravit : nee e«,t alienus a crimine, cujus consensu, licel non a sr
adniissuin c-riinrn, tamen publice Icsritur. &c.
186 THK ANTIQUITIES OF THK [bOOK XVI.
point them tlieir punisliment, iimking'this difference between
a master, who compelled his slave to go and sacrifice for
him, and the slave, who went at his command: the slave was*
to do one year's penance, but the master is enjoined three
years, because he dissembled, and because he compelled his
fellow-servant to sacrifice: for we are all servants of the
Lord, with whom is no respect of persons. Besides these,
there was another sort of libellers, who, finding that the fury
of the judge was to be taken off" by a bribe, went to him,
and told him plainly, they were Christians, and could
not sacrifice, and therefore desired him to give them a libel
of security, for which they would give him a suitable re-
ward. Cyprian speaking of this sort of libellers, brings
them in thus apologising for themselves.^ " 1 had before
both read and learnt from the preaching* of the bishop, that
the servant of God ought not to sacrifice to idols, nor
to worship images ; and therefore, that I might not do
that, which is unlawful, when the opportunity of getting
a libel off*cred itself, which yet I would not have ac-
cepted, had not the occasion presented itself, I went
to the magistrate, or employed another to go in my name,
and tell him, that I was a Christian, and that it was unlaw-
ful for me to sacrifice, or come near the altars of the devils ;
that therefore I would give him a reward to excuse me
from doing that, which I could not lawfully do." Cyprian
does not wholly excuse these, but adds, " that though their
hands were not polluted with sacrifice, nor their mouths
with eatina: thinofs offered to idols, vet their conscience was
defiled : but forasmuch as they seemed rather to sin out of
ignorance than maliciousness, he thinks their case a little
more favourable than those, that sacrificed ; and therefore
since some diff'erence was made even among those, that
sacrificed, he thinks a greater allowance should be made to
these, though he does not particularly tell us what term of
penance was imposed upon them. '
' Petri, can. vi. ct vii. * C'vpr. Ep. Hi. al. Iv. ad Anlonian. p. 107.
Vifl. (^elerin. Ep. xxi. ibid. p. ki. Etecusa pro se dona iiumcravit, nc sa-
-ciificarct; scd tantviru ascendissc videtur ad Tria Fata, ot iiide descmdissc.
CHAP. IV.] CHIIISTIAN CHURCH. 187
Sect. 7. — Of those who feigned themselves Mad, to aroid Sacrificing.
Not much unlike this sort of hbellers, were they, who
counterfeited madness in times of persecution, to get them-
selves excused by this means from being- questioned, or
called upon to offer sacrifice. Some of them would go to
the very altars, and make as if they intended to sacrifice, or
subscribe tlie abjuration, but tlien tiiey evaded the (hing by
pretending* to fall into a sort of epileptic fit, which inclined
the mngistrates to excuse them, and let them escape, as
David by such an artifice escaped from Achish, when he
intended to kill him. Now this was looked upon as mere
dissimulation and collusion, and only a more artful way of
denying their religion : and therefore by the penitential
rules (t Peter, bishop of Alexandria,* such, though they nei-
ther sacrificed themselves, nor suborned others to sacrifice
for them, were subjected to penance for six months, because
they, in some measure, denied their religion, and made a
shew of countenancing idolatry both by their cowardice and
dissimulation.
Sect. 8. — Of Contributors to Idolatry. Of the Flamines, Munerarii, and
Coronati. What they were and how guilty of Idolatry.
And indeed it was not only the bare commission of ido-
latry, that subjected men to ecclesiastical censure ; but all
promoters, encouragers, and compliers with idolatrous rites
were reputed guilty of idolatry in some deg'ree, and accor-
dingly proceeded against as betrayers of their religion.
Thus in the Council of Eliberis there is a canon against
such Christians as took upon them the office of a Flamen or
heathen priest ,• part of whose office was to exhibit the
ordinary games or shows to the people : and if they did this,
though they abstained from sacrificing, they were to do
penance all their lives, as encouragers of idolatrous rites,
and only bo admitted to communion at the hour of death,*
» Pet, Alex. can. v. ' Con. Elibcr. can. iii. Item flamines,
qui non immolaverint; sed raunus tantum dederint^ eo quod se a funestis
abstinuerunt sacrificiis, placuit in fine cis praestari communioncm, actfi fa-
men legitimfi poenitentiS.
188 THE ANTIQUITIES 01- THE [bOOK XVI.
alter siitiiciont evidences of a true repentance. Some learned
persons mistake the sense oi' this canon, understanding the
words, " Munus dare,'" as if they meant giving money to
the jiidg-e to excuse them from sacrificing: which would be
the same crime as the libellers were guilty of; whereas
this canon speaks not of such lapsers, but of those, who
took upon them the office of a Flamen, whose business
among- other things was to give or exhibit, at his own, or
else at a public expense, the Munera, that is, the ordinary
games, or shows and pastimes to the people. For these were
called Munera,^ as appears from the use of the term in the
civil law : and they that gave them, were thence termed
Munerarii, the masters of the gaines, or the entertainers,
who kept beasts and men to fight in the am])hitheatre for the
entertainment of the people, as may be seen in TertuUian'^
and Seneca, and Suetonius^ and others, who speak accor-
ding to the propriety of the Latin tongue. Now because
these games were held chiefly on the heathen festivals, and
in honour of their gods, and were full of idolatrous rites, as
well as cruelty and impurity, a Christian could not exhibit
them to the people, without incurring the crime of idolatry,
at least indirectly by promoting' and encouraging- the prac-
tice of it. And for that reason this canon is so severe
airainst those, who furnished out these shows at their own
expense. A lower degree of this crime was, when such a
Flamen or priest neither offered sacrifices, nor exhibited the
games at his own expense, but only wore the crown,* which
was usual in such solemnities : which being a badge of ido-
latry, for that reason by another canon of that Council two
years penance, as a moderate punishment in comparison of
the former, is imposed upon them, that were so far concerned
in il. But it may be noted, tiiat Tertullian's Invective
' Cod. Theod. lil). ix. lit. xviii. U'g. 1. Bestiis primo quoque nmnere ob-
jiciatur. Vid. Gothofrcd. in Loc. ct martial, de Spectarulis. Epigram, vi.
^ Tertiil. Apol. cap. xliv. Do vcstris scinpor munerarii noxioriim g:rcges
pasciiiit. ^ Siieton. Vit. Domit. cap. x. Tlireci-iii Miimilloiii
parem, munerario imparcm. ^ Con. Eliber. can. Iv. Sacordotes,
qui laiitmn coronam portant. nic >acriticant. nri- de suis sumptibus al!(|iiid
ml ld''la itr;r^laul, pianiil po.^l hioiiniiiiii acripcrc loninmninui in.
r.HKP. IV.] CHRISTIAN CHURCH. 189
against tho soldiers' crown or oarhr.ul, in his }3ook Ce Corona
A//////."?, has no relation to this matter: for the vvcarin"- of
such a crown seems to have liad no concern in reIif>ioi>, but
to bo a mere civil act done in honour of the Emperors on
such days as they g-ave their larg-esses or donations to the
soldiers. T!ie laurel was only an ensign of victory, and
though it was dedicated to Apollo, yet that did not make
the use of it un!a\vful ; otherwise the use of the four ele-
ments and ninny other trees, and plants, and animals had all
been unlawful, because, as St. Austin shews,' they were
dedicated to the g-ods also. Therefore learned rnen^ cen-
sure Tertullian here, as overstraining his argument upon
this point, upon his new principles of Montanism, by which
he also denied it to be lawful for a Christian to fly in time
of persecution, or to bear arms in defence of the empire;^
contrary to his former judgment in his apology, where he
tells the Emperor, that his array was full of the disciples of
Jesus, and mentions the famous undertaking of the thun-
dering legion with a great elogium and commendation.
So that this new severity of his, in condemning the Christian
soldiers for wearing a laurel-crown, must be reckoned
among those peculiarities, which he imbibed after he w^as
fled over from the Church to the school of Montanus ; since
we no where find soldiers condemned for this in the Catholic
Church, much less brought under any discipline or penance
for the use of it.
Sect. 9.— How the Office of the Duumvirate made Men guilty of Idolatry,
and how it was punished.
But there is another canon in the Council of Eliberis,
which orders,* " thatall Christians, who took upon them the
city magistracy or office, called the Duumvirate, should be
' Aug. Ep. 154. ad Publicolam. * Vid. Baron, an. 201. n. 16,
Du Pin. Biblioth. vol. i. p. 95. Seller. Life of Tertul. p. 221.
' Tertul. de Coron. Mil. cap. xi.
* Con. Eliber. can. Ivi. Magistratnm vcro uno anno, quo agit duuravira-
tum prohibrnduni pbcuif, ut .se ab ecclesiii cohibcat.
HJO THE ANTIQUITIES OF THE [bOOK XVI.
denied communion for ll»e vvliole year, in which they held
the office, as g-uUtv of some offence ajj-ainst relioion."' No
crime is mentioned, but idolatry is understood. For the
g'rounds and reasons of this canon will be easily explained
and understood from the account, that is given of this office
in the civil law. Where we learn, that the ])tLumviri were
the chief city magistrates, otherwise called Primates-Curiee^
chosen every year, for it was but an annual office ; and it be-
longed to them, as it did to the Flamines and the Pontijices,
or Sacerdotes Provinciarum, and the Prcetores and the go-
vernors of provinces, or ordinary judges, to exhibit the
Spectacula, or the games and shoivs to the people,' as
Gothofred shews from various lawsof the Theodosian Code."
And Tertullian not only observes the same,^ that the city
magistrates were tlie editors of these games ; but that the
shows themselves were founded in idolatry and attended
with manv idolatrous ceremonies ; which he makes use of
as one argument why a Christian should not frequent them.
And for this reason the Council of Eliberis orders all
Christians, who took upon them the office of the Duumviri,
to be kept back from communion during the year they went
through that office; because they could not exhibit these
shows to the people without encouraging and partaking in
that idolatry, which was so closely annexed to them. " Lu-
dorum celebrationes Deoriun festa sunty Lactant. lib. vi.
c. 20.
' Gothofred. Paratitlon. ad Cod. Theod. lib. xv. tit. 5. de Spectac.
2 Vide Cod. Theod. lib. xii. tit. I. de Decurionibus. leg. 169. lib. xv. tit. 5.
de Spcctaculis leg. i. ' Tcrtul. de Spectac. cap. xi. Proinde
tituli Olympla Jovi, qua; sunt Roma; CapitoHna. Item Ileiculi Nemaea,
Neptuno Isthmia, ceteii mortuorum varii agones. Quid ergo mirum, si ap-
paratus agonum idololalria conspurcat de coronis profanis, de sacerdotali-
bus pra;sidibus. &r. It. cap. xii. IIebc inuneris origo — Et licet transt rit
hoc genus editionis ab honoribus mortucrum ad houores Tivenliuni, Quse-
sturasdico et magistralus et flaminia et sacerdotia : cum tanien nominis dig-
nilas idololatrite criniine censeatur, necesse est quicquid dignitatis noniino
administratur, comniunicet etiam niaculas ejus, a quS habet causas, &c.
Vid. Apolog. cap. xxxviii. et de Idolatr. cap. xiii.
CHAP. IV. j CHRISTIAN CAiVRCil. 198
Sect. lU. — How Actors and Stai^e-players, and Charioteers, anil other
Gamesters, and Frequenters of the Theatre and Circus were cliarged with
Idolatry, and punished for it.
And for the same reason all actors and stago-players, and
they, who drove the chariots in the public g-ames, and gla-
diators, and all who had anv concern in the exercise or
manag-ement of these unlawful sports, and all frequenters
of them, were obliged either to quit these practices, or be
liable to excommunication so long as they continued to fol-
low them ; not only because a great deal of impurity and
cruelty was committed in them, but also because they con-
tributed to the maintenance of idolatry, which was an ap-
pendage of them. All these were comprised in the pomp
and service of the devil, which every Christian had re-
nounced at his baptism ; and therefore, when any one return-
ed to them, he was charged as a renouncer of his baptis-
mal covenant, and thereupon discarded, as an apostate and
relapser, from Christian communion. Thus Cyprian being-
consulted by Eucratius,* whether a stage-player might
communicate, who continued to follow that dishonourable
trade ; he answers, " that it was neither agreeable to the
majesty of God, nor the discipline of the Gospel, that the
modesty and honour of the Church should be defiled with
so base and infamous a contagion." The Council of
Eliberis^ allows stage-players to be baptised only upon con-
dition, that they renounced their arts, and entirely bid adieu
to them : and if after baptism they returned to them again,
they were to be cast out of the Church. The first Council
of Aries has a like decree,^ " that all public actors belonging"
to the theatre, shall be denied communion, so long as they
continue to act." And the third Council of Carthage* sup-
' Cypr. Ep. Ixi. al. ii. ad Eucratium p. 3. Puto nee majestati divinae
nee evangelicae discipllnae cong^ruere, ut pudor et honor ecclesise tarn turpi
et infami contagione fosdetur. '' C'on. Eliber. can. Ixii. Si panto-
miini credere voluerint, placuit ut prius artibus suis renuncient, et tunc de-
mum suscipiantur, ita ut ulterius non revertantur. Quod si facere contra
interdictum tentaverint, perjiciantur ab ecclesiS,. * Con. Arelat i.
can. 5. De theatricis, et ipsos placuit, quamdiu agunt, a communione scparari.
• Con. Carth. iii. can. 35. Ut seenicis atque histrionibus, ceterisque hujus-
192 THE ANTIQIJITIKS OF THE [boOK XVI.
poses the sentence of oxcoinmnnieation to pass upon all
such, when it says, " that actors and stage-players, and all
apostates of that kind, shall not be denied pardon and recon-
ciliation, if they return unto the Lord." This implies, that
they were g-one astray and cast out of the Church for their
crimes, since they needed pardon and reconciliation, to take
off' their censure and restore them. The first Council of
Aries* determines the same in the case of those, who
drove the chariots in the public games, that so long* as
they continued in that employment, they should be denied
communion. Tertullian- and others say expressly, that these
arts were part of those pomps and worship of Satan, which
men renounced in baptism. And it appears from a rule in
the Constitutions,^ that no charioteer, or gladiator, or racer,
or curator of the public games, or practicer in the Olympic
games, or minstrel, or harper, or dancer, was to be admitted
to baptism, unless they immediately quitted these unlawful
callings. And it was no less a crime to frequent the thea-
tre, and be spectators of these idolatrous practices, as is
noted in the same rule of the Constitutions. Therefore as
an obstinate adherence to these thino's debarred catechu-
mens from baptism, so it likewise excluded baptised persons
or believers from the privilege of communion.
Sect. 11. — Idol-Makers, their Crime and Punishment.
Another way of contributing- to the practice of idolatry,
was the art or trade of making* idols for the worshippers of
them. Many Christians, who abhorred the worship of idols
themselves, made no scruple to make idols for others, and
live by this calling" 5 which was reputed a very scandalous
profession, tending" indirectly and consequentially to the
upholding- and promoting' of idolatry. For which reason,
no man professing- this art could be admitted to baptism.
modi personis, vel apostaticis, conversis vel reversis ad Dominum, gratia
vel reconcilialio non ncp^etur. ' Con. Arelat. i. can. iv. De
agilatoribus, qui fideles sunt, placuit eos, ijuamdiu agitant, a communions
separari. * Tertul. de Spectac. cap. iv. De Coron. Mil.
cap. xiii. Salvian. de Provid. lib. vi. p. 197. Cyril. Catech. Myst. i. n. 4.
* Constit. lib. viii, cap. xxxii.
ClIAl'. IV.] CHRISTIAN CIIUKCII. 1!).{
unless 1)0 j)roini.sed to renounce it, as we learn iVoin flie
Anthor of tlie Constitutions.' And wlint donicd ii man (;no
sacrament wonld also deny liim the otlu'r. TertuUian calls
such,'* " proctors and purveyors for idolatry," inveLghin<^-
against this and some other trades of the like nature.
" When you help,"' says he, " to furnisli out the pomp, the
priesthood, the sacrifices of idols, what can you he called
but procurers for idols ? all heinous sins, for the greatness
of the danger attending them, ought to make us extremely
cautious, to keep at a distance not only from them, but
from all things that minister to the practice of them. For
though a crime be committed by others, it is all one, if I
am instrumental to the commission of it. By the same reason
that I am forbidden to do it, I ought to take care that it be
not done by my assistance. I must not be a necessary aid
to another in doing that, which I may not lawfully do my-
self." Upon these grounds he concludes the trade of ma-
king idols to be unlawful, as well as the worship of them.
And so did Clemens Alexandrinus,^ and Justin Martyr*
before him. Tertullian objects it as a great crime to
Ilermogenes,^ that he followed the trade of painting-
images. But that, which is most material to our pur-
pose here, is his observation/' which he makes in liis
Book of Idolatry upon the punishment due to such, as
made a livelihood of this unlawful calling, that any one,
who followed it. ouffht not to have access to the house of
Ood. For it was contrary to the faith which they had pro-
fessed in baptism.'^ " How have we renounced the devil
and his angels, if we still con.tinue to make them ? what
divorce have we made from them, with whom we not only
continue to live, but live upon them ? what disagreement is
' Constit. lib. viii. cap. 32. ^ Tcrlul. de Idol. cap. xi. Certe cum
poinpa;, cum sacerdoliii, ciiiii sacrificia idolorum instruuntur (Hiid aliud
qiiiiiu procurator idolorum dciuonstraris ? <!tc. '^ Clem. Protrcptic. ad
Gentes. p. 54. Edit. Oxen. * Justin. Dial, cum Tryi)Ii. p. 3-21.
^ Tertul. cont. llormog. cap. i. I'iiis'it Ucite, nubit assidue : losem Dei in
libidinem defendit, in artem contemnit bis falsarius ct cautcrio ct slllo.
* De Idololat. cap. y. llujusmodi artifices nuncjuam in d<»nmin Dei ad-
iiiilli (iportet, si (|ui.s efun disciplinam nurit. ' Ibiil. cap. \i.
VOL. VI. n
\94 TJIE ANTIQIMTIKS OF THE [ROOK XVl.
therebetween us and them, to whom we are oblig-ed for our
maintenance and livoHhood? can vou denv that with your
tong-ue, Avliich you confess with your hand 1 can you
destroy that in words, which vou raise up in vour actions'?
preacl) one God. and make so many I preach the true God,
and make false ones? But, say you, I only make them, 1
do not worsliip theni. As if the same reason Avliich for-
bids you to worship them, did not also forbid you to make
them. Yea, you worship them, in doing- that, which causes
them to be worshipped. And you worship them not with
the spirit of any vile nidor, or f^mell of a sacrifice, but with
your own spirit: not with the life of a sheep bestowed on
them, but with vour own soul. To them you sacrifice your
own ing-enuitv, to them you ofi'er vour labour, to them vou
burn your prudence and understanding'. You are more than
a priest to them, since by your means it is that they have
a priest. Your diligence is their deity. Do you tiien deny
that you worship that, to which yoii give its very being and
existence ? but they themselves do not deny it, to whom
you offer a fntter, and more costly, and g-reater sacrifice,
even vour own salvation." Thus far Tertullian, who not-
withstanding seems to complain, that there was a g^reat
remissness in the exercise of discipline upon such offenders.
For ho immediately adds,* " One might declaim all the day-
long with a zeal of faith upon this point, and bewnil such
Christians as come straight from their idols into the Church,
from the shop of the adversary into the house of God, and
there lift up to God the Father, those very hands, which are
the mothers or makers of idols; adoring God in the Church
with those hands, which without doors arc themselves
adored in the idols, which they have made against God ; and
taking- the body of the Lord into those hands, wherewith
they have prepared and given bodies to the devils. Nor is
this all. It were but a small thing to defile that bod}*,
which they receive from the hands of others, but those very
hands deliver it to others, which have first defiled it. For
the makers of idols are sometimes chosen into the holy or-
Tirtiil. D'' Idol. c:ii>. \ii.
eUAl'. It.] CHRISTIAN CHUKCII. 1 !jo
ders of the Church. O monstrous wickedness ! The Jew«
once laid hcuuls upon Christ, but these every day treat his
body despitefully. O hands that ong-ht to be cut oHiV
If Tertulhan here does not make too severe an invective,
and calumniate the Church, it must be owned there was
some neg-lect in the exercise of disciphne, to suffer such
offenders not only to communicate, but take orders in the
Church, who by the rules of disciphne oiight not to com-
municate in the Cliristian body in any quaUty whatsoever.
Sect. 12. — The Idolatry of building or adorning Hcathon Allars and
Temples.
Tertulhan in the same book brings the charge of idola-
try ae-ainstall other artificers, who contributed toward the
worship of idols, either by erecting- altars, or buddmg'
temples, or making- shrines, or beautifying- and adorning-
the idols, or any thing belong'ing- to them. For it was the
same thing,' whether a man made an idol or only adorned
it. He, that built a temple, or erected an altar, to an idol,
or overlaid it w ith gold, did rather more toward its worship,
than he, that made it: for the one only gave it an eflSgies,
the other gave it authority ; procuring veneration to be paid
to it as a god. Upon this score all, who thus contributed
toward the worship of idols, though they did not actually
sacrifice to them, were ranked in the same class with ido-
laters, and accordingly subjected to the censures of the
Church. Which appears from that famous remonstrance,
which St. Ambrose made to the Emperor Valentinian,'
when he was solicited by Symmachus the heathen to re-
store the altar of Victory in the Capitol. He told him
plainly, that if he did this, no bishop would receive him to
communion, but every one courageously repel him, and be
' Tertul. de Idol. cap. viii. Nee enim differt, an extruas, vel exornes:
si tcmplum, si aram, si iediculam ejus instruxeris, si bracteain cxpresseris
aut insignia, aut etiam domuin fabricaveris. Major est ejusniodi opera
quse non effigiein confert, sed auctoritalem. - Ambrose
Kp. XXX. ad Valentin. Junior. .\ra Chrisli dona lua respuit, quia araui,
?iimulacris fecisti. See ebap. iii. n. •^.
o 2
l96 THE ANTIQUITIES OF THE [BOOK XVI*
ready to give him a good reason for their opposition : " they
will tell you," says he, " that the Church desires not your
gifts, because vou have adorned the temples of the heathen
with your arifts : the altar of Christ refuses your oblations,
because you have erected an altar to the idol-gods." Ihe
case of Marcus Arethusiusis famous in story, who chose ra-
ther to suffer death under Julian than rebuild a temple,
which he had demolished by law in the time of Constantius,
as is related at large by Gregory Nazianzen and
Sozomen.* And Theodoret highly commends Audas,-
a Persian bishop, for that, having demolished a Pijrceum, a
temple where the Persians worshipped fire as a god,
though he did this without any legal authority, yet he ra-
ther chose to suffer death than rebuild it; because it was
the same thing to build a temple to the idol as to worship
it. And St. Chrysostom says,-^ it was a very common thing
in the time of Julian to call upon all those, who had been
concerned in demolishing' temples in the preceding reigns
of Constantino and Constantius, and prosecute them to
death, because they refused to rebuild them.
Sect. l3.--Of Merchants soUine: Frankiiicensi' to tlie Idol Temples,
and the Buyers and Sellers of the public Victims.
Among other [>romoters and encouragers of idolatry, they
reckoned all merchants selling frankincense to the idol
temples, and all who made a trade of buying and selling- the
public victims. Tertullian styles all these, " Prociiratores
idololatrice, purveyors for idolairyT And he expressly
says of those, who bought and sold the public victims,*
" That no Church would receive them to baptism, without
obliging them to renounce that unlawful profession, nor
' Naz. Orat. i. in Julian, p. 90. Sozom. lib. v. cap. 9. Thcod. lib. iii.
cap. 7. *^ Theod. lib. v. cap. 3S.
^ Clirys. Horn. 41). in Juventinuin el Maximum, torn i. p. AiS.
* Tertul. de Idol. cap. xi. Si publicarum victimarum redcmptor ad fidein
uccrdat, permitlcs ei in eo nen^otio pormanero ? \iit si Jam lidclis id agert-
susceperit, rclincnUum in eccksifi putabis? N<m opinor.
CHAP. IV. j CHUISTIAN CHURCH. 11)7
sufler tliotn to continue in her communion , if they were al-
loadv of the number of the faithful.' And hence lie argues
more stronii'ly ii£;<unst the Tkiirarli, as ho terms those, who
made a liveHhood o^ selling frankincense to the temples,
which he reckons the worse of the two. *•' With wliat face
can the Christian seller of frankincense,^ if he chance to go
throuo-h a temple, s[)it at the smoking- altars, and shew his
detestation of those idols, for which he himself has been
the purveyor ? with what heart or courag-e can he pretend
to exorcise those devils, to whom he has been a foster-
father, and made Iiis house a shop to furnish materials for
their service V Hence upon the whole matter he concludes,
" That no art, profession, business, or trade, could be
wholly free from the imputation of idolatry, which was in-
strumental and subservient either in making- of idols, or
furnishing- out what was necessary to the support of their
worship and service.'
Sect. U.— Of eating Things oflfered to Idols. IIow and when it stood
chargeable with Idolatry.
The case of eating* thing's offered to idols is resolved
by the Apostle. It was never lawful to do it in an idol
temple, because that was to partake of the sacrifice as a
sacrifice, and to communicate with devils ; which was an
hardenino- of the Gentiles, and a scandal to the Church of
God. The Nicolaitans are condemned for this in Scripture,
and the practice of the Basilidians and Valentinians,^ by
writers of the following- ages. The Acts of Lueian the
martyr tell us,^ he chose rather to die with hunger, than
to eat things offered to idols, when his persecutors would
allow him no other sustenance in prison. And Baronius
gives another such instance in the people of Constanti-
nople,* who, when Julian had ordered all the meat in the
' Tertul. de Idol. cap. xi. Quo ore Christianus thurarius, si per templa
transibit, quo ore fumantes aras despuet, et exsufflabit, quibus ipse pros.,
pexit? Qua constantifi exorcizabit alumnos suos, quibus domuin suam cel-
lariani prsestal ? ^ Agrippa Castor, ap. Euseb. lib. iv.
cap. 7. Irena;. lib. i. cap. 1. * Ap. Baron. An. 311. n. 6,
4 Baron. An. 3Q-i, p. 2t
198 THE ANTIQUITIES OF THE [bOOK XVI,
shambles to be polluted with idolatrous lustrations,
tVeelv abstained from it, and used boiled corn instead of
bread, so defeatino- the tyrant's malicious intention. Not
that it had been any idolatry to have eaten such meat m such
a case : tor the Apostle allows it, where it may be done
without either communicating with the idols, or giving
scandal to the weak: " Whatever is sold in the shambles,
eat, askino' no questions tor conscience sake." And upon
this warrant of the Apostle Theodoret justifies the people
of Antioch in another such case.* For Julian made use ot
the same devilish stratagem to ensnare them, polluting all
the fountains of Antioch and Daphne, and all the meat in
the shambles with his idolatrous rites, and all the bread and
fruits of the earth and herbs, that the Christians might
have nothing to eat, but what was offered in sacrifice to
idols. Which is also noted by Chrysostom,- and others,
who speak of the diabolical wiles of Julian. But in this
case the Christians made no scruple of eating any thing,
notwithstanding the policy of their adversary, as knowing
that the good creatures of God could not be defiled by any
such wicked contrivances, so long as they did not consent
to them, or comm.unicate in them : " For the earth is the
Lord's and the fulness thereof," and what was sanctified to
them by the word of God and prayer, could not be unsanc-
tified or polluted by any profane abuses.
Sect. 15. — WTietlier a Christian out of Curiosity might be present at
an Idol Sacrifice, not joining- in the Service.
But where there was any real communication with ido-
latry, or any just ground for a suspicion of it, it was at
no hand allowable to give the least countenance to it, or
any umbrage to surmise an approbation of it. For this rea-
son the Council of Eiiberis forbids any Christian to go to
the Capitol," or idol temple, so much as only out of curio-
' Theod. lib. iii. cap. Id. * Chrys. Honi. iv. de Laudi-
bus Pauli. torn. V. p. 593. * Con. Eliber. can. 59. Pro-
hibenduin ne quis Christianus, ut Gentilis ad idolum Capitolii causfi sacri-
ficandi, ascendat et videat : quod si fecerit, pari crimine teneatur. Si
liicrjt ftdelis, post decern annos, actfi poinilentifi recipiatiir.
ClIAl*. IV. j OHRISTIAN (MIDKCll. \i)U
sitv to see the saeiiJice otierotl, uiidur the peiuxhv (1" leu
years penance itnposod M[)on them. AI!ias[»iiiy lighlly ob-
serves,'that though there be a. little obscurity in the orii^inal
wordiuii- of the canon, vet it must needs intend to prohibit
the croino- to see the sacrihee : for otherwise, if they went
DO .
to sacritice, not only a ten years penance, but a penance for
their whole lives was imposed upon them by the two first
Canons of this Council. So that the plain sense of the
canon must be, that if, as a heathen went to sacrifice, so a
Christian went only to see the sacrifice, he should be held
g-uilty of the same crime, and do ten years penance for it.
Yet this was to be understood, if he had no other call but
curiosity to carry him thither: for if by any necessary office
or duty of his station he went thither, this was no crime-'
as if he was of the prince's guard, and only went to attend
his sovereign, he was o-uiltless, because he went not to see
the sacrifice, but to do liis duty. Thus Theodoret says,'^
Valentinian, when he was a tribune and captain of the guard
to Julian, attended his master to the temple of Fortune:
but when the door-keepers according- to custom sprinkled
their lustral or holy water upon those that went in, and a
drop of it fell upon his coat, he gave the man a blow upon
the face, telling- him, he did not think himself purified but
profaned. And by this act, says Theodoret, he merited two
king-doms, both an earthly and an heavenly. For Julian
immediately banished him for the fact, and confined him to
a castle in the desert : but before a year and a few months
were past, this noble confessor was rewarded with the im-
perial crown and the dig-nity of the Roman Empire. By this
it appears, they put a great ditference between going-
to a temple out of mereimpertinency and curiosity to see the
idolatrous rites and sacrifices, and going- thither only upon
the necessary oblig-ations of their duty and function. And
TertuUian, who is as severe as any in this matter, owns the
reasonableness of this distinction. " It were to be wished,"
says he,^ " that we could live without seeing- those things,
' Albasp. in Loc. * Thcod. lib. iii.cap. 16. Item
Sozomen. lib. vi. cap. 6. ' Tcrtul. de Idol. cap. 16 and 17.
'20(/ THK ANTIQUITIES! OF THE [BOOK XVI.
vvliicli we cannot lawfully practice: but because idolatry
lias so (illod the workl with evils, a man mav be present in
some cases, where duty binds him to the man, and not to
the idol. It' J am called to a priesthood or to a sacrifice
I will not go: for that is the proper office or service of the
idol : neither w ill I contribute by my counsel, or my ex-
pense, or my labour to any such thing-. If when I am
called to a sacrifice, I go and assist, I am partaker of the
idolatry: but if any other cause joins me to tiie sacrificer,
I am only a s[)ectator of the sacrifice. He applies this par-
ticularly to slaves waiting- on their heathen masters, and
children or clients on their patrons or parents, and officers
on g-overnors and judg-es. If we are careful to observe
this rule, neither by word nor deed to give any assistance
to the idolatrous service, we may attend on magistrates and
powers, after the example of the patriarchs and others of
our ancestors, who wailed on idolatrous kings, — usque ad
Jinem idololatrice, as far as the confines of idolatry ivould
permit themy He g-ives the same resolution in some other
private and common cases, as a Christian's being oV)liged to
attend the solemnity of giving a youth the Toga V irilis, the
habit of a man, the solemnity of espousals or nuptials, or
the manumission of a slave/ or giving- him a new name.
For all these things were innocent in themselves: and
though idolatrous rites were usually mixed with them, yet
a man might be present without communicating- in those
rites, distinguishing- the causes, which required his attend-
ance. They wore pure and clean in their own nature : for
neither does the liabit of a man, nor the ring- of espousals,
nor the joining- of man and woman in marriage, descend
originally from any honour of an idol : for all these things
are allowed by God ; and though sacrifices were used in
the ceremony, yet a man whose office and business was not
' Ti:itul. (Ic Itlol. cap. xvi. Circa ofilcia vito piivatariim et coinuiuaiuin
soleniiitaluni, ut tog;c jjurie, ut sponsalium, ut nuptialiuin, ut noiuinaliuiii,
nullum ])utcni periculiini obsL-rvari do afflatu idolulatr'uc, qiuc inttTveiiit-
Causa! uiiim sunt conslderamla;, quibus pru-statur officiuui. Eas numflas
esse opiiior per scmctijisas, quia iieque vestitus virilis, neqnc annulus, aul
i-onjuncfio maritalis df- alicujus iduli lioiiore dcsci-iidit.
nilAI'. IV.j CHRISTIAN CllUStCII. iol
ill the saorilicc, l)ut required upon some otlicr account,
nui^lif lawfully attend tliein without detili'tnent. 'I'liis was
the lesulution ot" all such cases, where some obligation of
oflice or <liity required a man's presence at some idolatrous
service; not as contributing" any ways his assistance in it,
or communicating' either directly or indirectly in the service,
but only performing- what properly belongod to him by vir-
tue of his lawful employment ; and being- ready, like Valen-
tinian, to show his aversion to all superstitious and idola-
trous rites, when any more peculiar occasion ret^uired it.
The being- present barely to perform some other duty, was
not interpreted in this case any communicating- witli idola-
try, because the very tenour of his obligation and duty suf-
ficiently demonstrated it to be otherwise.
Sect. 10. — Whether he might eat his own Meat in an Idol Temple.
But where a man had no such necessary call or oblig-a-
tion to perform any duty that required his presence in" a
temple, then to be present at an idolatrous service, or do
any thing- tliat might look with a suspicious aspect towards
it, was a s;ifficicnt reason to brinir him under ecclesiastical
censure. Thus no one could pretend any just reason to
carry his ou n meat and eat it in an idol temple, but this
must needs imply some disposition towards idolatry : and
therefore the Council of /\ncyra made a decree,^ that such
as feasted with the heathen upon any idol festival in any
place set apart for that service, though they carried their
own meat and eat it there, should do two years penance for
it. The canon does not expressly call the place an idol
temple, but Tottov d(^b)gi(rfxivov^ a place set apart for the
service;" which, whether we take it for a temple, or any
other place of feasting-, is all one, since it was a place ap-
propriated to the worship of the idol on a festival peculiarly
dedicated to the honour of soine heathen god.
' Con. Ancyr. can. ?ii.
■202 THE ANTIQIJITIK.S OK THK [BOOK XVI.
Sect. 17. — Or feast with the Heathen on their Idol Festivals.
And this sort of feasting with the heathens on their pro-
per festivals, wliether in a temple or out of a temple, was
precisely forbidden under the notion of communicating- with
them in their impiety. Which are the express words of the
Council of Laodicea, prohibiting this practice of keeping-
such festivals with the Gentiles.* Among the Apostolical
Canons,^ there is also one that forbids Christians to carry oil
to any heathen temple, or Jewish synagogue, or to set up
lio-hts on their festivals under the penalty of excommunica-
tion. Which shews, that Christians were sometimes in-
clined to concur with the Heathens in this practice.
And this seems to be the most rational sense that can be
given of those two canons of the Council of Eliberis, which
so much trouble interpreters ;^ the one of which forbids the
lighting wax-candles by day in the cemeteries or bnrying-
places of the martyrs, for fear of disquieting the spirits of
the saints, under the penalty of excommunication: and the*
other prohibits the setting up of lamps in public under
the same penalty of being cast out of the communion of the
Church. Albaspiny thinks these orders were made upon a
mistaken notion, that the souls of the martyrs were still
waiting under the altars ; which, he says, was the opinion
of Cyprian and Tertullian.^ But it is more probable, that
the Council forbad these rites upon another ground, because
they were superstitious and idolatrous rites used by the hea-
then in their solemnities, as is expressly said by TertuUian,^
and many others collected by Baronius.' And this seems
' Con. Laodic. can xxxix. OvStl roig t^vtm (rvreopra'^itv k, Koivwvilf tij
HioiTijTi avToi'. * Canon, Apost. Ixxi. ^ Con. Kliber. can. xxxiT.
Cereos per diem placuit in Ccemeterio non incendi. Inquietandi enim sanc-
torum spiritus non sunt. Qui haec non observaverint, arceantur ab ecclesiffi
communione. * Ibid. can. xxxvii. Prohibendi etiam no
lucernas publico accendaut. Si facere contra interdictuui voluerint, abstineant
& communione. * t ypi"- De Lapsis. De Bono Patientise.
Tertul. De Rcsur. Carnis. cap. xxv. De Anima. cap. viii. Contra Gnosticos.
cap. xi. « Tertul. Apol. cap. XXXV, and xlvi. De Idololat.
cap. XV. ' Baron. An. Iviii. n. 72.
CHA1\ IV. J CHRISTIAN CHURCH. 20'.i
to be the true reason why the Council forbad tliem, that
Christians might not sycnbohzc with the heathens in such
superstitious practices. But to proceed, the heathen festi-
vals are known in the civil law under the general name of
Vola, and Votorum (Jelebritas, solemn days of prayer and
Avorship of their g-ods. And as Gothofrcd has accurately
distinguished them, they comprised. J. All their Z/M(/z, or
dmjs of public shoics, which were in honour of their Gods.
Among- which the Maiuma is very famous, there being- a
title in the Th.eodosian Code^ concerning- the permission
and regulation of it under the Christian Emperors, till at last
it was finally put down by Arcadius. 2. Their other days
of public feasting. 3. The Kalends of January or begin-
ning- of the new year. Against the superstitious observa-
tions of which there are frequent invectives in the writings
of the Ancients, particularly in St. Ambrose,^ Asterius Ama-
senus,* and Prudentius.^ 4. The third of January, which
was a noted festival or day of heathen devotion for the Em-
peror's safety. Among these may be also reckoned their
Bromialia, forbidden by the Council of Trullo :° and the
Neomenia, or neiv moons, against which St. Chrysostom
has a whole discourse to dissuade Christians from the obser-
vation of them : where he particularly inveighs against the
impious superstition,'^ that was still reigning- in men's hearts,
as the relics of paganism. For they were superstition sly
addicted to observation of times, and made divination and
conjectures upon them ; as, if they spent the new moon
of such a month in mirth and pleasure, the whole year fol-
lowing would be prosperous and lucky to them. So both
men and women gave themselves to intemperance and ex-
cess on these days, out of this diabolical persuasion, as he
justly terms it, that the good, or bad fortune of the rest of the
year depended npon such an ominous beginning of it. Which
was the devil's invention to ruin the practice of all virtue.
' Gothof. in. Cod. Theod. lib. xvi.tit. 10. De Paganis. leg. 8.
* Cod. Theod. De Maiuma. lib. xv, tit. 6. ' Ainbros. Serm. 17.
* Aster. Horn. 4'. De Festo Kalendaruni. * Prudent, cent,
Symmachum. lib. i. * Con. Trull, can. 62, &66.
' Chrys. Horn. 23. In eos qui Novilunia observant, torn. i. p. 297.
204 THE ANTIQUITIES OF THE [bOOK XVI,
He observes further/ that they were used in the celebra-
tion of these times to set up lamps in the market place,
and crown their doors with garlands, which he condemns
tog'ether with their superstition and intemperance, as a mix-
ture of diabolical pomp, and childish folly. By which we see
how prone men were lo follow the heathen in such practices,
even when they were delivered both from their ignorance
and compulsion: and much more, may we suppose, were
they under a temptation to comply with them in the obser-
vation of their festivals, whilst they were under the terror
of their laws and violent persecutions. Nay, even in St.
Austin's time the heathen were so insolent in Afric, as to
compel the Christians to observe their festivals, of which
the African Fathers, in the fifth Council of Carthage,- were
forced to complain to the Emperor Honorlus, and petition
him by his authority to redress the grievance ; hey repre-
sent to him, how the Pagans in many places, not only
kept their superstitious feasts themselves, but forced the
Christians to join with them ; so that it looked like a secret
persecution under Christian Emperors: wherefore they de-
sired him to make a law to prohibit them both in city and
country, and restrain them by some suitable penalty inflic-
ted on them. Which at first Honorius refused to grant, but
afterward he complied with their request upon more mature
deliberation. The law is still extant in the Theodosian
Code,^ forbiddin"- all holdino- of feasts or other solemnities in
temples in honour of the g-ods ; and enjoining all bishops
and judges of the provinces to take care of the execution
of it. Yet this did not so root out the superstition, but that
many heathens stiil continued in it ; and some looser
Christians were ready enough, either to join with the hea-
• Chrys. Iloin. 23. p. 300. * Con. Carth. v. can. b.
lilud ctiam petiMulum, ut quoniam contra prsecepta divina, convivia multls
locis exerccntur, qua; ab errore Gentili aUracta sunt, ita ut nunc ft Paganis
Christiani ad liicc celebranda cogantur, ex qufi re teniporihus Christiano-
runi Imperatorum pcrsecutio aUera fieri occulte videatur, vetari talia ju-
beant et de civitatibus, et de possessionibus imposita pocnfi prohibero, &c.
Vid. Cod. Afr. can. 63. * Cod. Thcod. lib. xvi. tit. 10.
De Paganis. leg. xix. Non liceat omnino in honoreni sacrilegi ritfls funes«
tioribus locis exercerc convivia, &c.
GHAl'. IV. J CHRISTIAN CIIUUCII. 20'>
then in then- practices, or at least to imitate the hivury and
vanity ot" them under the notion of Cluistian observations.
St. Austin makes a bitter complaint in one of liis Mpistlos,'
of the insolence of the Heathen immediately after the
pubiishino- of this law : how upon one of their festivals
on the Kalends of June, they came dancing- in a petulant
manner before the doors of the church : which when the
clergy endeavoured to prohibit, they stoned the church :
and when the bishop complained to the judges, they stoned
it again, and a third time, setting- fire to the houses beiong'-
ing- to the church, and killing- some ofthe clergy, and caus-
ing* others to fly for their lives. " An insolent and daring-
attempt, not to be paralleled by any thing-," he says, " that
was done in the time of Julian."" And what was worse than
all, no one of the magistrates or chief men of the place
either offered to quell the riot, or give any assistance to the
sufferers, except a stranger of some authority, who deli-
vered many of the servants of God out of their hands,
Avhilst the rest only looked on the abuse with pleasure, and
some of them were strong-ly suspected as working' under-
hand to excite this tumult and set the Heathen upon them,
being- grieved at this new law, which laid a restraint upon
these festivals, in which they were wont to take so much
pleasure. Which shews how deeply the love of these hea-
then festivals was rooted in the hearts of many carnal and
libertine Christians. In another Epistle he makes as sad a
complaint to Aurelius, bishop of Carthage,^ of the intempe-
rance and debauchery, which many such Christians were
wont to commit upon the festivals of their own martyrs,
and other anniversary commemorations of their deceased
' Aug. Ep. 202. ad Nectarium. Contra recentissimas leges Kalendis Jutiiis
festo Paganorum sacrilega soleiinitas agitata est, iieniine prohibente, tani
insolent! ausu, ut quod nee Julian! temporibus factum est, pctulantissiina
tuiba saltantiuni in eodeni proisus vico ante fores transiret ecclesiiE, &c.
•Aug. Ep. Ixiv. ad Aurelium. Comessationes et Ebrletates ita concesstE
et licitEB putantur, ut !n honorem etiam Beatissimorum Martyrum, non solum
per dies solennes, quod ipsum quis non lugendum videat, qui luec non carnis
occulis inspicit, sed etiam quotidie celebrentur. — Ista; in coenieleriis ebrle-
tates etluxuriosa convivia, non solum honores martyrum a carnali et impc-
I ita plebe credi sclent sed etiam solatia mortuorum.
2tH) THIi AM'iQLlTlli;* OF THK [hoOK XVI.
frieiuls ; uliich was only acting- all the impurity of the hea-
then festivals under the name of Christian. He prays him
therefore to take some method, to drive away such profane
and sacrileg-ious impurities from the house of God.'
But he thinks this could not be done by any rough
methods, or in any imperious way, but by instruction,
rather than commanding- and by admonition, rather than
threatening-: for that was the only way to deal with a
multitude:^ the severity of discipline was only to be exer-
cised upon sinners, when their numbers were small. This
is a g-rievous complaint indeed, and he often repeats it
in other places :^ which shews how close the super-
stition and pleasure of the heathen festivals stuck to the
hearts of many ifrnorant and carnal men, even after thev
became Christian : and their multitudes in Afric were so crreat.
that though their crimes deserved the severity of excommu-
nication, yet St. Austin in such circumstances could not think
that the proper remedy to cure the distemper. St. Ambrose
and other Italian bishops, he says, did happily root out this
«vil custom, and that was some ground to hope it might be
effected in Afric. But yet long' after this we find the com-
plaint renewed against Christians retaining the relics of hea-
then superstition in this matter of observing festivals. F'orthe
Council of Trullo has a canon,* that forbids the observation
of the Kalends, and the Bota, and the Brumalia, and the
solemnity of the first of March, or May, as different copies
read it, and the piiblic dancings, and other ccemonies used
bv men and women, as handed down bv ancient custom
under the names of the heathen false Gods: prohibiting
likewise the interchanging of habits in men and women.
' Aug. Ep. Ixiv. Saltern (le sanctorum corporumsppulchris, saltern dclocis
-sacranu'iitorum, di- domibus oratidniim tantum dedocus arroatur. ' Ibid.
Ts'on asperc, quantum cxistimo, non duriter, non modo iniprtioso ista tollun-
tur, magis docendo, quam jubendo; magis monendo quam minando. Sic
onim agendum est cum multitudinc ; scvcritas autem cxorcenda est in pec-
oata paucorum. ^ Aug. cont. Fanstum. lib. xx. cap. 21.
De Civ. Dt'i lib. viii. cap. 27.
* Con. Trull, can. 6*2. J aqXf yofiivaQKoKavfar., <?» ra Xtyopitva Borii, Kf ra
yvfui' Ka^aTraK tK riic riov ttitwi' ToKirhac irfputtpt^riva l^nXofir^n. &r.
CHAP. IV.] CHRISTIAN CHURCH. 207
and wearing" of comical and tragical masks, and satirical
drosses, and calling- upon the name oi" Bacchus in treading-
the wine press, with some other such ridiculous vanities, pro-
ceeding-from the imposture of the devil. The Kalends here
signify the fust of .January. The Bota is explained by Bal-
zamon, and others who follow him, the feast of the God
Pan, because Boro signifies s/te<'p : but Gothofred* and Su-
icerus'' more judiciously render it Vota, it being only the
Latin name ]'o{a turned into Greek, and denoting the hea-
then festival on the third of January for the safety of the
Emperqr. The Brumalia is by Balzamon understood of
the feast of Bacchus: but it may be better explained from
Tertullian, who among many other heathen festivals,
which some Christians were very much inclined to observe
reckons the Brumo', or Brumalia, and objects it by vvav
of reproach to such Christians,^ " That they were not so
true to their religion, as the heathens were to theirs : for
the heathens would never observe any Christian solemnity,
either the Lord's day or pentecost, or any other: they will
not communicate with us in these things ; for they are afraid
of being thought Christians: but we are not afraid of being
thought heathens, whilst we celebrate their Saturnalia,
and Januarice, and Bruma>, and Matronales, and mutually
send presents and new year's gifts, and observe their sports
and feasts."' Where by the Brumes, learned men under-
stand,* not the feasts of Bacchus, but the festivals of the
Winter-Solstice , properly called Bruma, from which they
made a conjecture, whether the remainder of winter would
prove fortunate to them or not. This superstition, being a
relic of old paganism, continued in the minds of many
' Gotbofr. in Cod. Tlieod. lib. xvi. tit. 10. De Pa2:anis. leg. viii. p. 970.
' Suicer. Thesaur. Eccles. Tom. i. p. 706. It. Casaubon et Reincsiiis. ibi-
dem. ^Tertul. dc Idol. cap. xiv. Saturnalia, et Janu-
arise, et RiumfE, et Matronales frequentantur, inunera coinmeant, strenae
consonant, lusus, convivia constrepiint. O nielior fides Nationiini in suam
sectam : qua; nullam solennitatem Cliristianorum sibivindicat, non Domini-
cuniDieni, non Pentecosten. Etiamsi nossent non comniunicassent ; tinierent
enini ne Christiani vidercntur. >-"os. ne ethnici pronunciennir, non viMtmur.
It. cap.x. Rtiam strcntc caplandac el septimontiuin et bruma;, &c.
* Vid. Tyuuiuni in I-oc. et Hospinian. de Frstis Kllmiconiin. rnp. xxviii. p. 127,
;^0S THE ANTIQUITIES OF THE [BOOK XVI.
Cluistians to the time of tlio Council of Trullo, Anno 092.
Which was tlio reason why this Council forbad it, with
many other oV)servations of the like nature, under the pe-
nalty of excommunication ; which, as we have seen, was
always the punishment of such crimes, except when the
multitude of offenders, as St. Austin says, made it impos-
sible to exercise the severity of ecclesiastical discipline upon
them.
Sect. 18. — Of the Idolatry of worshipping Angels, Saints, Martyrs,
Images, &c.
I take no notice here of the idolatry that tnight be com-
mitted in the worship of ang-els, or saints and martyrs, or
the Virgin Mary, or images, or the eucharist, because I
have had occasion before to speak more at large of these in
several parts of this work.* Audit will be sufficient here
only to observe in general, that none but professed heretics
were ever accused of this sort of idolatry in the primitive
ages, such as the Angelici, for worshipping angels, and tlie
Simonians and Carpocrations for worshipping- images, and
the Collyridians for worshipping the Virgin Mary : and these
being heretics by profession, there is no question, but that
the censures of the Church were inflicted on them, and all
such as adhered to or went over to them ; which is suffi-
cient to remark here for explaining and conlirming the exer-
cise of discipline in the Church.
Sect. 19. — Of Encouragers of Idolatry and Connivcrs at it.
There is but one thing* more to be noted concerning the
practice of idolatry, which is, that all favourers and encou-
ragers of idolatry were equally reputed guilty of the criuje
with idolaters themselves, as partaking in their sin. If a
master sent his servant to sacrifice for him, the act was the
servant's, but the guilt rebounded on the master's head, as
the principal author of it, as we have seen before in the case
of the Libellalici, who employed their servants to sacrifice
for them. If a judge, who was obliged by his office to ex-
Scf Book viii. rliap. viii. l5ook xiii. t)i;i|). iii
CHAP. IV.] ClfRISTIAN CMURCll. 200
tirnato iclidatrv, when (ho laws g-avi; liim aiitlwuity anil
power to do it, did either publicly iicglctt his duty, or s(>erotly
connive at the i)ractioe of idolaters, he was reputed g"uilty
of tiie crime by participation. 'Jims St. Austin charg"es the
nia"istrates of a certain city, as criminals in this respect,'
" Tliat when the laws had empowered them to root out all
the remainders of idolatry, they were negiig-ent and remiss
in putting- them in execution :' though the laws themselves,
to wliiclr he refers, " Had laid a penalty of twenty pounds
in gold upon any judge, or ollicer belonging- to Ijim, if by
any dissimulation of theirs the force of the law , prohibi-
ting- heathen festivals, was fraudulently evaded." So be-
fore idolatry was forbidden by the imperial laws, whilst
under the countenance of Heathen Em[)erors it rode trium-
phant. Christians were obliged not only to abstain from
sacrificing- themselves, but to lend no helping- hand by their
authority to the sacrifices ; not to make a trade of selling-
victims ; not to be a guardian or curator of any temple, or
collector of their revenues ; not to exhibit the public g-amcs
and shows, either at his own expense, or the expense of
the pul)lic, or so much as preside in them, when they were
acted ; not to use any of their solemn words or forms pecu-
liar to idolatrous worship, nor to swear by the names of
their gods : all which Tertullian remarks and puts together
in one place f giving this as a reason why a Christian, under
an heathen government, could not safely take upon him the
office of a judge ; because that post would oblige him to
countenance idolatry, either by his authority, or some other
of those ways, which ho could not do without injuring his
conscience and doing violence to the laws of his own reli-
gion, which do not allovv a man to help forward the practice
I Au!?. Ep. 902. - Cod. Thi'ocL lib. xvi. Tit. 10.
De Piigaiiis. le;^. xix. Judiccs auteni viginli libiarium auri pccnfi costringi-
mus, et pari fonnri ofiicia eoniin, si hmc eorum fuerint dissimulatione ne-
„]pcta. * Tertul. do Idol. cap. xvii. Neque sacrificet,
ncque sacrificiis auctoritatem suain nccommodet, noii hostias locet, non
curas templorum delegot, non vectigalia corum procuret, non spectacula
cdat de suo aut de publico, aut edcndis prfesit : nihil solenne proniinciet \e\
edicot, ne juret qiiideni.
VOL. VI. P
210 THK ANTIQUITIES OF TIIIC [bOOK XVI.
of idolatry in others. And ior this reason tlie Council ol
Eiiberis' made an order. " That no possessors or landlords
should allow of any thing, that was brought in their accounts
by their managers or tenants, as given to an idol, under the
penalty of live years suspension from the communion."
And in another canon,- they order " All masters to prohibit
their servants, from retaining any idols in their houses, as
far as lay in their power ; or if they could not do this in
times of persecution for fear their servants should use some
violence toward them, that is, inform against them or be-
tray them, they should at least keep themselves pure, or
otherwise be cast out of the Church." In times of peace
they were to carry their power a little further : for by a
rule of the second Council of Arles,^ after laws were made
by the state to prohibit and root out idolatry, every pres-
byter within his own territory or district, was to prosecute
all infidels, that still continued to light torches to idols, or
worship trees, or fountains, or stones, under the penalty
of being himself reputed guilty of sacrilege, if he neglec-
ted so to do. And every lord or g-overnor of the place,
who upon admonition should refuse to correct such errors in
those under his command, was to be deprived of the com-
munion. By another canon of the Council of Eliberis,* all
persons, both men and women, are prohibited to lend any
heathen their clothes and apparel to set olF the secular pomp
under the penalty of three years suspension from the com-
munion. Whore by the secular pomp it is most reasonable
to understand the idolatrous ceremonies of the heathen on
' Con. Eliber. can. xl. Prohibtri placuit, ut cilm ralioius suas accipiunt
possessores, (juiccjuid ud idolii'.n (latiiin fuerit, ucceptuin non rcferant; si
post interdicUiin fccerint, per iminiiuciiiiii spacia tcmporiiiu a conimunione
esse arccHdos. * Ibid can. xli. Admoncri |)lacuit fidelcs,
ut in <niantani possint, prohibeant. ne iriola in domibus siiis haboant. Si
vpro vim inituunt srrvoiuni, vel seipsos puios conservpnt; si non fecerint,
aliiMii ab ccclesifi liabcantur. * Con. Arelat. ii. can.
23. Si in alicujus i)resbyteri territoriA inlidili's aut faculas accendeiint, aut
aibores, fonfos vel saxa venorentur: si hicc prucro ne-i^lexi'iit, sacriloj^ii se
esse rcuni coi^noscat. Doininus auteni vel ordinator rei ipsius, si admonitus
emcndHrc noluoiit, conanmnione privotiir. ' Con. Eliber.
can. 57. Matronic vel eonini inariti vpstiniejita sua ad ornandam seculariter
ponipam non dent., Et «i fcctrint, tricnnii tiniporc absliniant.
OIIAT. IV.] OHRFSTIAN OlFimrFI. 211
their piihlic fostival^. Hut fhcro is one (jisc jx^culiarly
f^uanlod against in tliat Council, l)oeausc many \vcll-moanin<>
Clnistians, in a mistaken zeal against idolatry, were apt to
run in a contrary extreme, and fhink themselves oljli'-ed
to hreak and deface idols wherever they found them: to
correct which error the Council* was forced to make another
decree to forbid this unwarrantalde practice, and to order,
that if any one was slain in such a fact, ho should not ho
enrolled in the catalogue of martyrs : because the Gospel
gives no such command, neither do we find it ever practiced
by the Apostles. This observation of the Council concern-
ing* the practice of the A[)ostIes, seems to be very just. For
whatever zeal they had against idolatry, we never read, that
they went in a tumultuous way into the heathen temples to
demolish their idols ; but rather the contrary character is g-iven
them by the testimony of the very heathen. Of which wo
have an illustrious instance in the apolog-y, which the town-
clerk of Ephesus made for Paul and his companions, when
they were accused dy Demetrius and the crafts-men, who
made silver shrines for Diana, as if they had done violence to
her temple, and to the image, which fell down from Jupiter:
" Ye have brought hither these men," says he, " which are
neither robbers of churches, nor yet blasphemers of your
jroddess," Acts xix. 37.
It is true indeed, Eulalia the martyr had done some such
thing' not long before in Spain : but the Council would not
liave her action, which might be done by a peculiar impulse
of the spirit, drawn into example ; because it was an un-
necessary provocation of the heathen, and prejudicial to
the Church, without any warrant frotn Scripture ; which bids
men confess Christ when they are called to do it, but not to
provoke the enemy by an imprudent zeal, when there is no
just reason for it. And this is what Cyprian before them
had always taug'ht his people, both by his preaching- and his
' Ibid. can. 00. Si quis idola fregerit, et ibidem fueiit occi.sus : quoniam
in Kvanpelio nonest scriptuin, iieqiit; invenitur ab Apostolis unquain factum;
plaouit ill numcrum eum noii recipi martyrum.
p 2
212 TIIK ANTIQUITIES OF THE [BOOK XV!.
nriting',^ " TImt tlioy should rnifie no tumuUs, nor oiler
tlicmsclvos of (licir own accord to tlic Gontilos ; but when
ihey were apprehended and delivered up to the magistrate,
then to speuk Avhat the Lord put into their hearts in that
hour, who woidd have us to confess him when called to do
it, hut not rashly put ourselves upon it." Thus the Ancients
in this matter of idolatry, the great crime of thai age,
steered their discipline with an even course, keeping- a just
medium between two extremes 5 neither allowing any sinful
compliance or communication with it, nor encouraging any
indiscreet and over-zealous opposition to it. And if Tortul-
lian in the former case has stretched the matter a little too
far ; as when he determines it to be a species and smatch
of idolatry, for a schoolmaster to teach the names of the
Heathen Gods to his scholars, or for a Christian to bear
arms, or ily in time of persecution ; it is easy to account for
these singularities, knowing' out of what school they came,
and that they were not the dictates of the spirit of Christ,
but the spirit of Montanus : and it rs a sufficient answer to
any such pretences, that we meet with no such dogmatical
assertions in purer writers, nor any such rules in ecclesias-
tical discipline, nor any such overbearing custom in the
Church of God. I have been the more curious in stating-
the sense of the Ancients upon these several questions, both
because they are useful to explain the discipline of the
Church, and also because they may have their use when ap-
plied to other cases : and it is not very common to find
the subject of idolatry treated of in this way l)y modern
authors.
' Cypr. E|). Ixxxi. ul. Ixxxiii. p. 239. Sccuiulum (luod me tiiictaiUc srepis-
siiniS ilidicistis, (luietom rt triinquillitutuui tiMiiU': nv quisqiiain vistrQiu
iiliciuein tuinultinu tlr fratiibus niovtal, aut ultro s»' Gfiitilibus offcrat, &c.
Si mruU'iu (loniinus luis coiifiteri maj^is vohiit, quiiin (teincrr) profiteri.
c«Ar. v.] {;iiRi«Ti<v;N CHURCH. 2I.{
CHAP. V.
Of the Practice of curious and forbidden Arts, Divination,
Maf/ic, and Inchantmcn* : and of the Laws of the Church
made for the Punishment of them.
Sect. 1.— Of the several Sorts of Divination, particularly of Astrology.
Another great crime against religion was the practice of"
curious and forltidden arts, which are ahnost innumerable,
troni the great and various inclination of men to superstition.
1 shall suni them up under three general names, divination,
magic, and inchantment. Divination comprehends all the
arts and ways of discovering- secrets, or foretelling- future
events, not knowable by any rules of nature 5 magic all the
arts of mischievous operations by secret and unknown
means, which is commonly called isorcery, and by the
Latins, Venejicium and Maleficium, from poisoning and
doing mischief ; inchantment chiefly relates to a pretended
skill and power of doing good, as of curing diseases by
certain charms, and words, and signs, and amulets, which
. has made it the more agreeable to weak and superstitious
persons, because it has a pretence and shew of being
useful and beneficial to mankind. Among the several
species of divination, one of the most noted and infamous
was that of astrology, or the pretence of discovering
secrets by the position and motion of the stars. Men, who
professed this art, arc commonly called Mathematici,
drawers of schemes and calculations ; under which name
they are condemned in both the Codes.' And they were
infamous not only under the Christian administration, but
also under the old Romans. For there is a law of Diocle-
' Cod. Thcod. lib. ix. tit. 10. De Malcficis et Mathematicis.
214 THE ANTIQUITIKS OF THK [bOOK XVI.
tian' in the Justinian Coilo, wliich allows the art of geome-
try as an useful science, but forbids the Ars Mnihcmatica,
the astrologer s art, as a damnable practice. And Tacitus'-
says, " There were decrees of the senate made in the reign
of Tiberius for expelling all tl»e astrologers and magicians
out of Italy f ' but he likewise observes,^ " That they were
a sort of men, which were always forbidden, and yet always
retained. For though tliey were deceitful and fallacious to
great men, yet they still had an inclination now ami then
upon occasion to consult them.'' Their expulsion out of Italy
is also noted by Suetonius, as done twice,* in the reigns
of Tiberius and Vitellius. Upon which TertuUian^ in a
smart and elegant way, tells some Christians, who pleaded
for a toleration of themsulves in the profession of this wicked
art, *' That astrologers were expelled out of Italy and Rome
as their anp^els were out of heaven : the same penalty of
banishment was inflicted on the scholars, as had been on their
masters before them. Now then the laws of the state, both hea-
then and Christian, being thus severe against them, it was
but reasonable, that the censures of the Church should be
as sharp upon them, because they were a species of idola-
ters, and owed the original of their art to the invention
of wicked angels.'' For this reason the Constitutions*^ put
astrologers into the black list of such as were to be rejec-
ted from baptism, unless they would promise to renounce
their profession. The first Council of Toledo,' condemns
the Priscillianists with Anathema for the practice of it. For
' Cod. Justin, lib. ix. tit. xviii. De Malefic, ct Matheniat. leg. i1. Aiteni
geonielrifii disccre atque exorcere publico interest. Ars autem mathematica
daniiial)ilis est atque interdicta omnino.
^- Tacit. Annul, lib. ii. cap. 82. Facta ct de matheniaticis niagisque Italia
pellcndis seuatus consulta; quorum e muuero Pifuanius saxo dejectus est.
' Idem in Hist. lib. i. cap. 22, Mathematici, ponus lumiinum potentibus
infiduni, S])erantibus fallax, quod in civitate nostrfi et vetabitur semper, ot
retinebitur. * Sueton. Vit. Tiber, cap. xxxvi. Vit.
Vitel. cap. xiv. * Tertul. de Idol. cap. ix. Urbs
ct Italia interdicitur mallicmaticis, sicut cicluni ct angelis eorum, eadem
poena est exilii discipulis et magistris.
•^ Constit. lib. viii. cap. 32. ' Con. Tolet. i. tn Rcgula
Fidci Cont. Priscillianistas. Si quis astrologia." vel mutliesi cxistiinat esse
crcdendum anatlieniii sit.
t^HAP. V.j ClIHIsriAN CHDKCH. 210
WO must know, that lli(> Priscillianists as-criljod all to fate
and the iiec'oss!)ry iiillnciieo of" the stars, as St. Austin
Mif'ornis us :' " Tlioy assorted, that men were bound to fatal
stars, and that our hodies were compounded aecordniy; to
the order of the twelve sii>-ns of the Zodiac, as tliey, who
are commonly called Mathcmatici, or astrolor/ers, maintain,
appointing- Aries for the head, Taurus for the neck, Gemini
for the shoulders. Cancer for the breast, and so runnin<^-
through the other signs, till they came to the f«!et, which
they attributed to Pisces, which is the last sign in the astro-
logers' computation." Leo"^ in one of his Epistles gives the
same account of them, " That they maintained, that the
bodies and souls of men were bound to fatal stars, bv
which folly men were embarrassed in the errors of the pa-
gans, and obliged to worship those stars, that were fa-
vourable to them and appease those, that were against them :
but they, who followed such vanities, couKl have no
place in the Catholic Church : for he, that gives himself to
such persuasions, is wholly departed from the body of
Christ." Sozomen^ says, Eusebius, bishop of Emesa, was
accused of the practice of this art, and forced to fly from
his bishopric upon it. He gives it indeed another name,
calling it " apotelesmatical astronomy :" but that* signifies
the same thing : for there were two parts of astronomy, the
one teaching the nature and course of the stars ; which
was a lawful art: and the other, the secret effects, and
powers of them in their oppositions, conjunctions, &c.
which etl'ects were called their Apotelesmaia, and the art
• Aug. (lellDcres. cap. 70. Astruunt futalibus sttllis homines colligatos,
ipsumque corpus nostrum sccuiulum duodecim sigiia coeli esse compositum,
sicut hi qui vulgo matlicmatici ai)peHantur ; cnnstitucnti-s iu caj)ite arietom,
■taurum iu cervicc, gemiuos in humcris, cancrum in pectoro ; et cffitera uomi-
natim signa percurr<ntos, ad plantas usque porveniunt, quas piscibus tri-
buunt, quod ultimum signum ab astrologisnuncupatur.
* Leo. Ep. xci. al. xciii. ad Turibium. cap. xi. Fatalibus stcllis ct
animas hominum, et corpora opinantur astringi : per quam amentiana nccessc
est ut homines paganorum crroribus implicati, et faventia sibi (ut putant)
sideracolere,et adversantia studeant mitigare. Veriini ista sectantibus nullus
in EcclesiTi Catholicfi locus est: quoniam (jui se talibus iJersuasionibus
dedit, a Chrisli corpore totus abscessit. * Sozom. lib. iii.
^•ap- <'■ ' Jubtin. llcspons. ad Orthodox. 24.
Speaks of the Telesmata of Apolloiiius.
216 THE ANTIQUITIES OF THE [BOOK XVI.
itself Afotelesmatica, and the practicers of it anciently
Ajiotclcsmatici, as artcrwards Mathematici and Chaldwi.
Sometliink' also, these Apotdesmala were little figures and
iinag:es of wax, made by magical art to receive the influence
of the stars, and used as helps in divination. So that the
apotelesmatical art was the same in all respects with judi-
cial astrology. And tlierefore Eusebius Eujissenus was
condemned for the practice of it, as an unlawful art, utterly
unbecoming the character of a Christian bishop. For by
tlie account, that has been given, it is plain, that all such
kind of divination was looked upon as idolatry and paga-
nism, as owing' its orig-inalto wicked spirits, and as intro-
ducing an absolute fate and necessity upon human actions,
and so takins^ awav all freedom from human will, and mak-
in<'- God the author of sin : which blasphemies are common-
Iv chargeLl upon this art by the Ancients, St. Austin,' Lac-
tantius,-^ Tcrtullian,* Eusebius,'* Origen and Bardesanes
Syrus, who wrote particular dissertations against it, men-
tioned by Eusebius, who gives some extracts out of them.
We may note further out of St. Austin, that these astrolo-
gers had f-omctimes the name of Genethliaci^' from preten-
din<r to calculate men's nativities by erecting schemes and
horoscopes, as they called them, to know what position the
stars were in at their birth, and thence prognosticate their
good or bad fortune, or any accidents of their life, by the
conjunction of the stars, they w ere born under. And be-
cause some of these pretended to determine positively of
the lives and deaths of kings, w hich was reputed a very
dangerous piece of treason ; therefore the laws of the
state were more severe against them, even under the Hea-
' Vid. Soldon. De Di'is Syiiis Syiitai^ma. i.cap. ii. p. 116. Spencer. De
L'rim. et Tliummim. lib. iii. cap. iii. sect. 10. p. 309.
" Aug. Do Civ. Dei. lib. v. cap. i. &c. De Doctrina Christ, lib. ii. cap. xxi.
&c. 8 j^.jot, li1,,ii. c. 17. * Terliil
De Idol. cap. ix. * Euseb. De Prrepar. Evang. lib. vi.
Orig. ct Bardesan. ibid. cap. x. ct xi. Vid. Nyssen. de Kalo. Basil. Hoiii.
i. and \i. in Ilexainer. " Aug. de Docl. Clirist. lib.
ii. cap. 21, Genethliaci propter nataliuiu dierumconsidcralioiics vocuntur.
CHAP, v.] CIlUIbTIAN ClirivLxI. 217
then Emporors, as Gothofrcd sIjcws out of the ancient
lawyers,' Ulpiiin and Paulns ; and that was another reason
why the Chiirclj thought it proper to animadvert upon these
with the utmost severity of ecclesiastical censures; as
thinking", that what the heathen laws had punished as a ca-
pital crime, ought not to pass unregarded in the discipline
of the Christian Church. It was this crime, that expelled
Aquila from the Church. For I'^piphanius says^ he was
once a Christian ; but being' incorrigibly bent upon the prac-
tice of astrology, the Church cast him out : and then ho
became a Jew, and in revenge set upon a new translation
of the Bible, to corrupt those texts, which had any relation
to the coming- of Christ. St. Austin^ gives a fomous instance
of an astrologer, who being" excommunicated for his crimes
afterwards became a penitent, and was reconciled to the
Church by his ministerial absolution. The sum of his
crimes was this : he taught the Itvtal influence of the stars,
that it was Venus, that made a man commit adultery, and
not his own \vill ; and that it was Mars, and not his own
will, that made him commit murder : and that if any man
was righteous, it was not from God, but from the inHuencc
of Jupiter, a star so called in the heavens. And by this art
he had defrauded many people of their money ; but at last
he became a convert, and upon his confession and repen-
tance, was received into the Church again, to lay-commu-
nion, but for ever denied all promotion among- the clergy.
By which one instance, we may judge of the greatness of
the crime, and the proceedings of the Church against such
offenders.
Sect. 2 — Of Augury and Soothsaying.
Another sort of divination was, that, which was
called augury and soothsaying. Which was committed
several ways. Sometimes by observing" several signs
and appearances in the entrails of the sacrifices.
» GoUiofred.in Cod. Theod. lib. ix. Tit. xvi. Dc Malcf, i-t Mathematic.
leg.ii. * Epiphau. do Mcnsiir. et Ponder.
* Aug. Do Malhcmatico. ad Calcem. Tractatus in Psal. Ixi.
2 IS THE ANTIQl'lTIES OF THK [bOOK XVI.
which was proporly called Aruspicina i\r\d Haruspicium.
Sometimes V)y observations made npon the motion, or flying-
or siniiin*;- of birds which was called auourv, in the strict-
est sense. Sometimes by remarks made upon the voice
of men, or their sneezing-, which was called an omen, and
the thing reputed ominous. Sometimes by observing- certain
signs in the figure and lineaments of the body; as in the
hands, which was called chiromacy ; or in the face and fore-
head, which was called MtnoironKOTria, oxPhysiogvomy ; or in
llie back, called, Nwro/mi'Ttta, with many other observations
of the like nature. The old Romans were much given to
these superstitions, insomuch that they had their colleg-es
of augurs, and would neither fight, nor make war or peace,
or do any thing of moment without consulting them. The
squeaking of a rat, was sometimes the occasion of dissol-
ving a senate, or making a consul or a dictator^ lay down
his office, as begun witli an ill omen. Now, though Chris-
tianity was a professed enemy to all such vanities ; yet the
remains of such superstition continued in the hearts of
many after their conversion. So that the Church was for-
ced to make severe laws to restrain them. The Council of
Eliberis^ makes the renunciation of this art a condition of
baptism, if an augur had a mind to be baptised : and if after-
ward he returned to the practice of it, he was to be cast out of
the Church. Which is also the rule in the Apostolical Con-
stitutions,^ and the Councils of Agde,* V'annes,''*Orleance,^and
several others. The constitutions not only censure astrolog-ers,
mao-icians, and inchanters, butalso wandering fortune-tellers,
augurs and soothsayers, observers of signs and omens, in-
terpreters of palpitations, observers of accidents in meeting-
others, and making- divination upon them, as upon a
' Valcr. Maxim, lib. i. cap. iii. OccuiUus soricis auditus Fabio Maximo
Dictaturam, Caio Flaminio maffisterium rciuitum depniioiuli causam
prffibuit. ^ Con. Eliber. can. O'i. Si Augur aut puntomimi
credere voluerint, placuit, ut prius artibus suis renuncient, et tunc demum
suscipiaiitur, ita ut uUirius non rcvcrtantur. Quod si facure contra interdic-
lum tcntaverint, projiciaiUur ab cccksii.
* Constit. lib. viii. cap. 32. * ton. Agatlicn. can. xlii.
* Con. Vcnetic. can. xvi. * Con. Aurt-l. i. can. 32.
CHAP, v.] CHRISTIAN CHURCH. 21U
blemish in the oyc, or in the foot, ohservers of the motion
of birds or weasels. ol)servcrs of voices, and symbolical
sounds.
Skct. 3. — Of Divination by Lots.
And it is observa})le,that in the French Councils last men-
tioned, there is a peculiar sort of aug^ury condertmed under
the name of Sortes Sacra;, divination by holy lots. Which
was a piece of new superstition grafted upon an old stock,
and introduced v\ith a more specious show in the room of
an heathen practice. For the heathens were used to divine
by a sort of lots, which they called Sortes Virgiliance:
which was done by a casual opening of the Book of Virg-il,
and then the first verses, that appeared, were taken and in-
terpreted into an oracle. Thus Spartian says,' Hadrian had
the empire prognosticated to him by drawing- his lots out of
Virgil. For the first words that a^jpeured, " Missus in
imperiiim magnum,^'' portended that he should become the
Roman Emperor. And so LampridiuSj^in the Life of Alexander
Severus, says, that Emperor also understood by this sort of
divining-lots out of another verse of Virgil, that he should
obtain the government of the Roman Empire. Now many
superstitious Christians were of opinion, that this sort of
divination mig-ht be much better made by using- the Holy
Scriptures after the same manner, and to the same purpose :
and therefore as the Heathen used Virgil, so they used the
Bible, to learn their fortune by sacred lots, as they called
them, taking the first passage,that presented itself, to make
their divination and conjecture upon: and it appears, that
some of the inferior clergy, out of a base spirit, and love
of filthy lucre, encouraged this practice, and made a trade
of it in the French Church. Whence the Gallican Coun-
cils are very frequent in the condemnation of it. The
' Spartian. Vit. Hadrian, p. 5. Cum Virgilianas sortes consulcrel, &c.
■^ Lamprid. Vit. Alexand. p. 341. Virgilii sortibu.s hujusniodi illustratus
est, tu regcrc impcrio populos, Romane, memento, Ac.
220 THE ANTIQUITIES OF THE [llOOK XVI.
Council of Agdo^ takes notice, ''■ That some of the clerg-y
and laity followed after soothsayinn-, lo the great detriment
of the Catholic religion ; and under, the name of feigned
religion, professed the art of divination, by what they
called the lots of the saints, making use of a casual inspec-
tion of the Scriptures to divine futurities by. It is decreed
therefore, " That whoever of the clergy or laity should
be detected in the practice of this art, cither as consulting
or teaching it, should be cast out of the communion of the
Ciiurcli." This had been decreed about sixty years before
in the Council of Vannes, Anno 405, in the very same words.
And the first Council of Orleance^ about five years after the
Council of Agde, repeats the decree w ith a very little vari-
ation. But the practice continued for all this : for Gregory
of Tours^ says, Kramnus, the ^on of King Clotharius, consul-
ted the clergy of Dijon upon some points, and they gave
him an answer by this sort of divination. Some reckon St.
Austin's conversion owing to such a sort of consultation :
but the thought is a great mistake, and very injurious to him,
for liis conversion was owing to a providential call, like that
of St. Paul from heaven. He says,* he heard a voice he
knew not whence, saying, " Tolle lege, tolle lege, take up
the Bible and read ;" which he did, and the first words he
chanced to cast his eye upon were those of St. Paul, Rom.
xiii. " Let us walk honestly as in the day ; not in rioting
and drunkenness, not in chambering and wantonness, not in
strife and envying : but put ye on the Lord Jesus Christ,
and make not provisions for the fiosh to fulfil the lusts thereof.''
Which words, being apposite to his case, he looked upon
' Con. Agiithen. c;ui. xlii. Quod maxiim'- fidciii catholicic r('li£;ionis in-
festat, aliquaiili clerici she laici student auguriis, et sub nomine fictte roli-
gionis, iicr eas quas sanctorum sortes vocanl, divinationis scicnliam proti-
tentnr, aut (luarunicnnque scriptuiaruni inspectione I'utura promiltunt. Hoc
quicuiKiueclcricus vel laicus delectus fuerit vel consulcre vel docere, ab ec-
clesifi liabeatur extraneus, * Con. Veneticum. can. x\i. Con.
Aurel. J. can. 3'i. Si quis clericus, inonachus, vel secularis divinationein
vel auguria crediderit ohservanda, vel sortes (cjuas inentiunlnr esse sancto-
rum) quibuscunque putaverint intiniandas, cum his, qui eis rrediderint, ab
ccclcsiuj conununione pcUantur. " Gre{^. Turon. Hist,
lib. iv. cap. 10. ' Aug. Confess, lib. viii. cap. 12.
CHAP, v.] CHRISTIAN CHTJRCII. 221
tlioin as spokou diioctly t<» liiinKolf, and acconlinoly n[)j>lii'(l
tlioni to Iiis own ooiulition: and so by Gods providence,
they IxHanie the means of H.xing- him in that piety, pnrity,
ami sohrietv, for which lie was afterwards so famous in the
worhl. Here was nothing* of divination in all this; but a
seasonable apphcation of a proper passage to himself, as
he says St. Anthony had made of those words of our Saviour,
*' g"o, sell all that thou hast, and give to the poor, and
thou shalt have treasure in heaven, and come fcdiovv
me." Which he took as an oracle spoken immediately to
himself, and they were the occasion of his turning* to the
Lord. As to any other use of the Scripture for divination,
St. Austin was an enemy to it, and expresses himsc'f against
it, reflecting on some, who used it to that purjjose : " As
for those" says he,' " who divine by lots out of the Gos-
pel, though it be more desirable they should do this, than
run to ask counsel of devils; yet lam displeased at this
custom, which turns the divine oracles, which speak of
thino-s belon^ino- to another life, to the business of this
world and the vanities of the present life." By which it is
plain, he looked upon this sort of divinrtion as a great
abuse of the Gospel, though not so bad as going- directly to
consult devils. As for those, which are commonly called
divisory lots, there is no harm in them, when applied to
things in our own power ; as to dividing of lands by lot,
or determining in an army, who shall first invade the enemy ;
or in time of a plague or persecution, what ministers shall
stay in a city to take care of the Church ; which is a case
particularly mentioned by St. Austin,^ and allowed as lawful.
So a prince may distribute his punishments by lot, when
he is minded to spare some criminals, and punish others.
And when there are two objects of charity in equal circum-
' Aug, Ep. 119. adJanuar. cap. 20. Hi verd qui de paginis evangelicis
sorlcs U'gunt, etsi optandum est, ut hoc potius faciant, quam ut ad dremonia
consulenda concurrant, tamen ctiainista mihi displicet consueludo, ad lu'go-
tia sajcularia et ad vita; hujus vanitatem, propter aliam vitam doquentia
oracula divina voile convoitere. ' Aug. Ep. 180. ad Honorat.
Qua! disceptatio, si aliter non potuerinl terminari, quantum luihi videtur,
qui maneant et qui fugiant, sorte legend! sunt.
222 THE ANTIQUITIES OF THK [BOOK XVI,
stances, and vvc'cniinot reliovo both, St. AustinUhiiiks tlioro
is no harm in tasting- lots to doferrnino wliich of thoin .sliall
liave our charity. And there are many otlier indifieront
cases of the Hke nature, in whicli lots may be used without
any prejudice to religion. And therefore the Church never
made any laws to forbid or censure them, save only in dis-
[)osing- of ecclesiastical offices, and the lives of men, which
are too sacred fo be committed to mere chance or lots with-
out some s[)ecial divine direction, as in the case of Matthias,
and Jonas, which !St. Jerom says,'- "■ are not to be drawn
into example ; because special privileg-es cannot make a
common or general law for all cases: and it is plain, that
without such special direction, lots of that kind will be
matter of mere chance, or else pure divination.
Sect. 4. — Of Divination by express Compact with Satan.
There were some other ways of divination, far more abo-
minable than the former, because they were done by ex-
press compact with the devil, and always implied his con-
currence and assistance. Sometimes ho gave answers by
his images and idols, which were called oracles. Some-
times l>y speaking in his prophets, whom he possessed, who
were called Pi/thonici iu\(\ Pi/thonissre, possessed with a fa-
miliar, or spirit of divination, and 'Y.yya'spipiv^oi, Ixicause they
spake out of the belly by the navel. Sometimes men used
certain ceremonies in sleeping, in such a posture, in a
temple, in the skins of the sacrifices, &c, to receive his im-
pressions and answers by dreams, which was called 'Oi/etpo-
fiavTtia. Sometimes he gave answers by spectres and ap-
pearances from the dead, as he did to Saul by the witch of
Endor. This they properly called necromancy, that is,
divination by the dead. Sometimes he spake by the skull
of a dead man, called Koavtojuavrtm. Sometimes he gave
answers by certain signs and figures made in the earth, or
water, or air, or fire, or a glass, or a riddle, and a thousand
' Aag. de Doct. Christ, lib. i. c. 18.
^ Hieron. in Jon. i. Noc statiin dobemus sub hoc excmplo sortlbus creilero,
vcl illuil <le aclibiis Apostoloruni huic testimoniacoitulare, ubi sortP in Apos-
tolafmn Matthias eligitur: Cum privllcgia singuloruin non possint faccre
legem conimuncm.
CFrAI'. v.] CllUlsTiAN CIIURIFI. 223
oiUcY nays of imposturo, (Mthcr hy real appcaraiucs. ox l»y
(lelndiiii^ the iina<;ination. The names of vvliicli and the
transactions may be seen in Deliio,' or Lessius,- or Dii Mou-
lin/ ^\ho treat more partieuhirly of them. That vvhieh is
to our present pur[)ose, is only to oljserve, that, as this
crime liail in it a mixture of idolatry, heresy, infidelity,
apostaey, sacrilege, hypocrisy, curiosity, and ambition ;
eaeh one of which was an higli crime in itself ; so the
Church was always careful to lay the heaviest censure of
excommunication upon it. The general name, under which
all the species of it are condemned, is Mavrda, prophect/-
ing or divining, by Satan's inspiration. In the Constitu-
tions* among- those, that are to be denied baptism, the
Mai'Tot, oracle-mongers, are particularly specified. And in
the Council of Ancyra,'^ those, that follow after such divi-
ners— 'Oi Kara/uavrtiiojuti'ot — or take them into their houses
to exercise their wicked arts, are to be excluded from com-
munion, and do five years penance. By a law of Constan-
tius in the Theodosian Code° the Vates and Harioli, arc
reckoned among- others, who practice forbidden arts, such
as soothsayers, astrologers, aug-urs, Chaldeans, magicians,
and both they, that use such curious divinations, and they,
that consult them, are condemned to die, as guilty of .a capi-
tal crime and ofFence ag'ainst relig-ion. Gothofred'' observes,
that this law is often mentioned with some regret by the hea-
then writers, AmmianusMarcellinus, Mamertinus, and Liba-
nius, who give some instances of Constantius's severity in put-
ting- it in execution. Constantine, by a former law or two,*
had indulged the heathen in the liberty of consulting- their
augurs, provided they did it in public, and never put any
• Dclrio. Disquisit. Magicae. * Lessius de Jure et Justit. lib. ii.
cap. xliii. diibit. 6. * Molinaei Vates. lib.iii. cap. 6, &c. * Con-
stit. lib. Tiii. cap. 82. * Con. Ancyr. can. xxv, Vid. Basil, can. Ixxii.
• Cod. Thcod. lib. ix. tit. 16. de Malefic, ot Mathomaticis. \eg. iv. Nemo
anispicem consulat aut mathematicuni, nemo hariolum. Augurum et vatum
prava confessio conticescat. Chaldsei ac Magi, et oeteri, quos maleficos ob
faciiionim niagiutudineni vulgus appcllat, nee ad banc partem aliqui niolian-
tur. Sileat omnibus perpetuo divinandi curiositas. Etenim supplicium
capitis fcrct gladio ultor(^ prostratus, quicunque jussis obsequium denega-
neiit. ' Gothofrcd. iu Loc. ** Cod. Theod. ibid. leg. i. et ii.
224 THE ANTIQUITIES OF THK [BOOK XVI.
questions concerning- tlie state of the commonwealth or tlie
Hfe of the prince ; \vliich is noted also 'oy Julius Firmicus
Maternas, in his Books of Astrology/ written whilst he was
an heathen : but Constantius, fin(hn2: great abuses made of
this permission, universally prohibited all such consultations
under the forementioncd penalty of death : which extended
not only to magicians, but to the Harioli and the I ofes ;
the former of which waited on the altars, to receive their in-
spiration from the fumes of the sacrifices, as Tertullian^
describes them; and the latter, the Vates, were those, who
pretended to prophesy by the perpetual motion of an in-
dwellinir daemon ; whom therefore tlie Latins called Faiia-
//c/, and the Greeks, 'EvOso-taorat and 0£oA)/7rrof, and Qwpo-
p^liuvoi, &c. as may be seen in Theodoret,^ and Suidas,*
and many others, Now, because no Christian could prac-
tice this art, nor consult those, that did, without direct com-
municating- with devils, therefore the civil law made it a
capital crime, and the ecclesiastical law punished it with the
severest censure of excommunication.
Sect. 5. — Of Magical Inchantineiit and Sorcery.
Next to the superstition of divination was that of mag-ic
and sorcery; which, because it commonly tended to work
mischief, therefore they, who gave themselves to it, were
usually termed Vencjici and Malefici, because eitlier by
poison or other means of fascination they wrought perni-
cious effects upon others. The Laws of the Theodosian
Code* frequently brand them with this name of Malefici,
Particularly they are charg-ed by Constantino," as making-
' Finnic. (In Matlicsi sive Astroiiom. lib. ii. in fine,
^ Tertul. Apol, cap. xxiii. Qui aris inlialcntos numcna de nidorc concipiunt,
^ Tlieod. Hist, lib, iv. cap. U), 'ErSsffinTni Ka\^vTai caifiov^Q m-oc tvfp-
ydav tKOixc'i^ivoi. &c, ♦ Suidas. Voce, 'Er^Af, Unnncnopiilus,
de Sectis, n. 18, de Massallanis. * Cod. Theod. lib. ix. tit. 16.
de Maleficiis. leg, vi. Magus, qui malcficus vulgi consuetudint- nuncupntur.
It.lt'g. ix, X, xi. ibid, et tit. xxxviii, de Indulgeiitiis Criminum. leg. i, iii.
iv, vi, vii. viii. « Cod. Theod, lib. ix. tit. xvi. log. iii. Eorum
est scientia punicnda, et severissimis ineritd legibus vindicanda, qui magicis
adcincti artibus, aut contra liominura moliti salulem, aut pudicos ad libidi-
nem dcfixisse animos. detegentur.
CHAf. v.] CHRISTIAN OMUROH. 225
altompts by tlioir wickod arts upon iho lives of innocent
men, and drawing- others, hy maoical potions, called Pkiltra
and Pluirmaca, (o commit uncloanness. All sucli, ^vllen
they iWQ detected, are appointed to Ix^ put to death. Con-
stiintius' charg'os tiiein itirther with disturbing- tiie elements,
or raising- of tempests, and practising abominable, arts in
the evocation of the infernal spirits to assist men in destroy-
ing- their enemies : whom lie therefore orders to be cxe-
cnted, as unnatural monster!^, and quite divested of the prin-
cij)Ies of humanity. And it is observable, that in all those
laws of the Christi.m Emperors, which granted indulgence
to criminals at the Easter festival,* the Venefici and the
Malejici, that is, magical practisers against the lives of
men, are always excepted, as guilty of too heinous a
crime to be comprised within the general pardon granted to
other offenders. And according to these measures the laws
of the Church were strict and severe against all such, under
whatever character or denomination they were found
guilty. The Council of Laodicea^ condemns them under
the name of magicians and enchanters, together with those
called Maf.hematici and astrologers, ordering all such to be
cast out of the Church. The Council of Ancyra.* forbids
the art under the name of <I>op|ua'K:ao, phai'macy, that is, the
magical art of inventing and preparing medicaments to do
mischief: and five years penance is there appointed for
any one, that receives a magician into his house for that
purpose. St. Basil's Canons* condemn it under the same
character of pharmacy or witchcraft, and lays thirty years
penance upon it. And the fourth Council of Carthage
censures it, under the name of enchantment,^ joining it with
' Cod. Tlipod. lib. ix. tit. xvi. leg. iii. ISIulti magicisartibus ausi elementa
turbare, vitas insontium labcfactaie non dubitant, ct Manibus accitis au-
dent ventilare, ut quisque suos conficiat malis aitibus ininiicos : lios, quo-
niam natura; pci-egrini sunt, IVralis pestis absuraat.
^ Vid. Cod. Tiieod. lib. ix. tit. xxxviii. de Indulgontiis Ciiuiinuni. lib. i.
iii, iv, vi. vii, viii. * Con. Laodic. can. xxxvi. Oi hi leparticBe
■/,K\i]piKHr, nayng i) tTraouHQ tlpai ij fiaSriJiiariKag >/ uT^ioXoyHt;, &c.
* Con. Ancyr. can. xxv. ''.Basil, can. vii. et Ixv.
8 Con. Carth. iv. can. 89. Auguiiis vel incantationibus scrvicnleni, u cou-
ventu ecclesiae sopaiandum.
VOL. VI. Q
22C THE ANTIQriTIES OF THE [BOOK XVf.
aug-iiry, and denying- communion to all such as follow after
oilher, not to mention what private writers, Orig-en,* Ter-
tullinii,- Hormes Pastor/ and many others have said against
it : Tertullian particularly ohserving, (hat tlicro never was
a magician or enchanter allowed to escape unpunished in
tlie Church.
Sect. (>.— Of Amulets, Charms, and Spells to care Diseases.
But there was one sort of enchantment, which many ig--
norant and superstuious Christians, out of the remains of
heathen error, much affected : that was the use of charms
and amulets, and spells to cure diseases, or avert dangers
and mischiefs, both from themselves and the fruits of the
earth. For Constantine had allowed the heathen, in the
?)eginning of his reformation, for some time not only to con-
sult tlieir augurs in public, hut also to use charms by way
of remedy* for bodily distempers, and to prevent storms of
rain and hail from injuring* the ripe fruits, as appears from
that very law, where he condemns the other sort of mag-ic,
that tended to do mischief, to be punished with death. And
probably from this indulg-ence granted to the heathen,
many Christians, who brought a tincture of heathenism
with them into their religion, mioht take occasion to think
tliere was no great harm in such charms or enchantments,
when the design was only to do good and not evil. How-
ever it was, this is certain in fact, that many Christians were
much inclined to this practice, and therefore made use of
charms and amulets, which they called Pcriammata and
Phylacieria, pendants and preservatives, to secure them-
' Oris- cont. Cols. lib. vii. p. 378. * Tertul. de Idol. cap. ix.
Post evani^^eliuni nusquam invenics ant sophistas, aut chaldiEOS, aut incanta-
torcs, aut conjectores, aut niagos, nisi plane jiunitos.
* Hermes Past. lib. i. vision, iii. n. 6. Malefici quidem venena sua in
pyxidibns bajulant. * Cod. Tlieod. lib. ix. tit. de Malefic.
h'!,'. iii. Nnllis vero criminationibus impiicanda sunt reniedia humanis
qua:sita corporibus, aut in a^iL'stibus locis, ne mafuris vindeniiis mctuere" •
tur inibres, ant ruenlis ijrandinis lapidatione (luatoienlur, ndliibita innoceii-
ter sullVai^ia, quibns non rnjusqiu' saUis aut cxislimatio laideretur, sed quo-
nun proliccrent actus, lu- <livina nuinera, et labores hominuni stcrncrentur.
OHAl', \.J cjiris;t(an oniij-nii. 227
solves from danger, and drive away bodily distempers.
These phylacteries, astliey calliui thcni, wcro a sort of amu-
lets made of ribbands, with a text of Scripture or some other
charm of words written in them, which tliev imao'ined, with-
out any natural means, to be eil'ectual remedies or preserva-
tives against diseases. Therefore the Church, to root
this superstition out of men's minds, was forced to make
severe laws against it. The Council of Laodicea,* con-
demns cierg-ymen that pretended to make such phylacteries,
which were rather to be called bonds and fetters for their
own son Is, and orders all such as wore tliem to l)e cast out
of the Church. St. Chrysostom often mentions them with
some indignation: upon those words of the Psalmist, " I
will rejoice in thy salvation,"^ he says, " We ought not
simply to desire to be saved, and delivered from evil by
any means whatever, but only by God. And this I say
upon the account of those, who use enchantments in dis-
eases, and seek to rehevc their infirmities by other impos-
tures. For this is not salvation, but destruction." In ano-
ther place, dissuading- Christians from running- to the Jews,
who pretended to cure diseases by such methods, he tells
them, " That Christians are to obey Christ, and not to fly to
his enemies ; though they pretend to make cures, and pro-
mise you a remedy to invite you to them, choose rather to
discover their impostures,^ their enchantments, their amu-
lets, their witchcraft: for they pretend to work cures no
other way ; neither indeed do they work them truly at all,
God forbid. But I will say one thing- further, although they
did work true cures, it were better to die, than to go to the
enemies of Christ, and be cured after that manner. For
what profit is it, to have the body cured with the loss of
our soul ? what advantage, what comfort shall we g-et
thereby, when we must shortly be sent into everlasting-
fire?" He there proposes the example of Job, and Lazarus,
and the infirm man, who had waited at the Pool of Bethesda,
' Con. I.aodic. can. xxxvl. '^ Chrys. in Psal. ix. 15. torn. iii. p. 137.
=' Chrys. Horn. vi. cont. Judseos, torn. i. p. 56. 'Aj/omiXi^oi' avnoj' Tit,;
fiayyavsiag, Tiig knioMg, tu irfpiafifiara, tciq ^op/in/cEiaf. &g.
«2
228 THE ANTIQUITIES OF THE [BOOK XVF.
thirty and eig-ht years, who never betook themselves to any
diviner; or enchanter, or juggler, or impostor : they tied
no amulets nor plates to their bodies, but expected their
help only from the Lord : and Lazarus chose rather to die
in his sickness and sores, than betray his religion in any
wise, by havinji' recourse to those forbidden arts for cure.
This he reckons a sort of martyrdom,^ when men chuse ra-
ther to die, or suffer their children to die, than make use of
amulets and charms : for thouiih they do not sacrifice their
bodies with their own hands, as Abraham did his son, yet
they offer a mental sacrifice to God, On the contrary, he
says," the use of amulets was idolatry, though they, that
' made a gain by it, off"ered a thousand philosophical argu-
ments to defend it, saying" we only pray to God, and do
nothing more ; and, the old woman, that made them was a
Christian and a believer, with other such like excuses. If
thou art a believer, sign thyself with the sign of the cross:
say, this is my armour, this my medicament ; beside this I
know no other. Suppose a physician should come, and
instead of medicines belonging- to his art should use en-
chantment only: would you call him a physician? no, in
no wise : because we see not medicines proper to his call-
ing- : so neither are your medicines proper to the calling- of
a Christian,'" He adds, " that some women put the names
of rivers into their charms ; and others ashes, and soot,
and salt, crying out, that ;he child was taken with an evil
eye, and a thousand ridiculous things of the like nature,
which exposed Christians to (he scorn of the heathen, many
of whom were wiser than to hearken to any such fond im-
postures." Upon the whole matter he tells them, " that
if he found any henceforward, that made amulets or charms,
or did any other thing belonging to this art, he would no
longer spare them ;" meaning-, that they should feel the
severity of ecclesiastical censure for such offences. In
other places^ he comj)lains of women, that made phylacte-
ries of the Gospels to hang- about their necks. And the
' Chrys. Tloin. viii, in Colos. p. 137i. 'Ewff/jffti/, mk tTroitjat vipiairra,
fnariTv^iov uvr i) \oy i'Ctrai. * Chrys. Hoiii. Ixxiii. in Mat. p. 627.
OTiAp. v.] oiinisTiAN nuiiRoir. 229
Hko CDinplaints ;uh» m;i(lo hy St. Basil,' and Kpljjlmnius.'
Which shews, that this piece of superstition, of tryiri/:^ to euro
(Hseases without physic, was deeply rooted in tlie hearts of
many Christians.
The Church indeed often cured diseases without physic,
but then itwas in the same way,that she dispossessed devils,
and wrought many miracles for the g-ood of the world, by
the power of Christ, and invocation of his name. " She did
nothing," as Irena>us says/ " by invocation of ang-els, or
enchantment, or any other curiosity, but by directing her
prayers, pure and clean, and openly to the God, that made
all thing's ; and by invocating- the name of the Lord Jesus
Christ, she wrought miracles for the benefit of men, and not
for their seduction." This was the difference between here-
tics and the Church : heretics commonly made use of en-
chantment, as is noted particularly by Irenoeus concerning- the
Basilidians,*wbo had their images, which they used as amu-
lets, having the name of Abraxas or Abracadabra, or as
Baronius thinks,^ the names of their three hundred and
sixty five heavens, answering to the like number of mem-
bers in human bodies, written upon them. And St. Austin
complains, that some of Satan's instruments, who profess-
ed the exercise of these arts, were used to set the name of
Christ,'' before their ligatures and enchantments, and other
devices to seduce Christians, and induce them to take the
venomous bait under the covert of a sweet and honey-
potion, that the bitter might lie hid under the sweet, and
make men drink it without discerning, to their destruction.
• Basil, in Psal. xlv. p. 2-:^9. '-^ Epiplian. Ha>r. xv. dePharisa;is.
^ Iren.lib. ii. cap. 67. Nee invocationibus angelicis facit, nee iiicaiitatio-
nibus, nee aliqiiH pravTi curiositate, sed munde et pur^ et manifeste ora-
tiones dirigens ad Doininum,'!qui omnia focit ; et nomcn Domini nostri Jesu
Christi invocans, virtutes secundum utilitates hominum, sed non ad seduc-
tionem perficit.
* Iren. lib. i. cap. 23. Utuntur hi magia et incantationibus et invocatio-
nibus et reliqua universd pericrgia, &c.
* Baron. An. cxx. n. 10. s Aug. Tract, vii. in Joan. torn. ix.
p. 27. Qui seducunt per ligaturas, per priccaiUationes, per machinamcnla
iaimici, miscent praecantationibus suis nomen Christi: quia jam non possunt
seducere Christianos, ut dent vcnenum, addunt mellis uliquant«m, ut per id
quod dulce est, lateat quod amarum est, ct bibatur ad perniciem.
230 THE ANTIQUITIES OF THE [bOOK XVI.
To such he gives this advice, to seek Christ only in the
way, which he has appointed. " When we arc aftilctcd
with pains in our head, let us not run to enchanters, and
fortune-tellers, and remedies of vanity. I raourn for you,
my brethren : for I daily find these things done. And
what shall I do ? I cannot yet persuade Christians to put
their trust only in Christ. With what face can such a soul
go unto God, that has lost the sign of Christ, and taken
upon him the sign of the deviH" In another place, he
bids them,* " when they arc sick, to receive the body and
blood of Christ, and anoint themselves with that unction,
which may prove beneficial both to body and soul. For
when they may have a double advantage in the Church,
why should miserable men endeavour to bring upon them-
selves such multiplicity of evils by running to enchanters,
and fountains, and trees, and diabolical phylacteries, and
characters, and soothsayers, and diviners, and fortune tel-
lers"?" He mentions many other superstitions of the like
nature, which were the remains of heathenism, such as the
sacrilegious custom used about the hind, their crying out
when the moon was eclipsed to defend themselves from
witchcraft, their keeping Thursday holiday in honour of
Ju[)iter; concerning all which he concludes, that they, who
still continued to follow such vanities, ought to be reproved,
by their fellow Christians f and if after that, they did not
amend their ways, they should thenceforward banish them
from all society, both in eating and conversation. Some
think this homily, rather belongs to Ca^sarius Arelatensis ;
and if so, it only shews, that this crime prevailed among
some in France, as it did for many ages after : which ap-
' Au!?. Spini. 215.de Tempore. Cum ergo duplicia bonapossint in ecclesifi
inveniri, quare per praccantatores, per lontes, et arbores, et diaholica phy-
lacteria, per characteres et aruspices et divinos sortileges multiplicia sibi
mala miscvi liomiiies conantur inferre 1 Vid. lib. ii. do Doct. Christ, cap. xx.
ill the last section of this chapter.
* Ibid. Quoscunque tales esse cognoveritis, durissime castigate. Et si
ciniMuiare noluerint, nee ad colloquiun'.. nee ad coiivivium vestrum eos venire
pt-rmillite.
CHAP, v.] CHRISTIAN CIIUUCII. 231
pears Irom tlio Capitulars of Cliarlos llio Great,' uIick; (i»;-
creeswero made aj>ainst caleiilatui's, enchanters, and tetu-
pestarians, as they are called, that is, raisers of storms, and
tempests, and obligators or makers of pliylacteries to bind
about the neck. Who are also noted and condemned in
the Council of Rome,^ under Greg-ory II. Anno 721, and in
the Council of TruUo,-^ which forbids any one to consult
diviners, or those called Centenarii, or any such, to dis-
cover secrets, under the penalty of six years penance, ac-
cordino- to the rules of the ancient Fathers. And the same
penalty is imposed upon those, who carry about she-bears,
7rj)oc TTui'yviov, to the delusion and hurt of the people, and use
the words, fortune, and fate, and genealogy, and such like
names, to impose upon the simple. Also all observers of
the clouds, and jugg'lers, and makers of phylacteries,* and
diviners, persisting in their heathenish and pernicious prac-
tices, are ordered to be cast out of the Church. " For what
communion," says the Apostle, " hath light with darkness 1
and what agreement hath the temple of Gods with idols'?
and what part hath he, that believed with an infidel? and
what concord hath Christ with BeliaH" It is plain from this,
there were still some remains of heathenish superstition and
idolatry among Christians, especially in the use of phylac-
teries and divining, and other such vain observations. But
it is hard to guess, what are meant by centurions, who arc
here joined with diviners, and forbidden to be consulted.
There is a law of Ilonorlus* in theThcodosian Code, which
Gothofred thinks may give a little light to this canon. For
' Capitul. Afiuisgran. lib. i. cap. Ixiv. Con. toni. vii. p. 984. Calcula-
tores, incantatores, tcMiipestarii, vel obligatorcs non fiant: et ubicunque
sunt, vel einendentur vel damnentur.
' Con. Rom. can. xii. Si quis liariolos, anispiccs, vel incantatores obsorva-
vciit, aut phylacteriis usus fuerit, anathema sit. Viil. Capitul. Martin. Bra-
carensis. cap. Ixxii. * Con. Trull, can. Ixi. 'Oi iiavrtaiv iavrsQ
iKSiSopTtg, if ToXg Xtyofisvotc tKftrovrnpxrti?, &c. vtto tI)i> Kovura TrnrTsTwaav
rTtQ i^aeriag. * Ibid. Tng rt Xsyofiki/ag rt<l)t\o^'ubKTa(j, yotjTtvTug,
ic, <pv\aKTy]pitiQ, i^ (tavTSic — TravTairadiv aTTopiTTTSffBai TrJQ ^kk\»j(7i«c opi'Coftev.
'"' Cod. Theod. lib. xvi. tit. x. d(> Paganis. Icff. xx. Cliiliarclias insupcr et
centonarios, vel qui sihi plebis dislributionem usurparc dicuntur, censuimus
removendos.
232 THE ANTIQUITIES OF THK [BOOK XVI.
there the Chili archf^' and Centonarii, Captains of thou-
sands, and captains of hundreds, are plainly spoken of as
leaders of the people, and manajrcrs in ordering- the idola-
trous pomps of the Gentiles; being- joined with the
Frediani and Dendrophori, which he shews to be those
officers in the pomp, who carried the imag-es of the gods
on their shoulders in procession. They were the cliief of
certain corporations or companies, who are mentioned in
another law of Honoriiis, under the names of Colleyiali and
Vituriarii or Didumarii^ the officers oi Apollo Didumn'its ;
and Nemesiaci, the officers of the goddess Nemesis, Good
Fortune, and the dispenser of fate ; and Signiferi and Can-
tahrarii, who carried the ensigns and banners of their gods
in their pomps and games, and festivals.' And these, as
Gothofrcd sheAVs, out of Commodianus,^ a Christian poet,
pretended to divine and tell fortunes, as inspired by the
gods: and they incorporated others into these col leg-es, as
principal officers in these pomps; whence they were called
Chiliarchce and Hecatoniarchce, captains of thousands, awd
captains of hundreds. All which agrees with "^Ihe canon of
the Council of Trullo, which joins the Hecatoniarchce witli
the Vates, or diviners, and makes them fortune tellers,
talking much of fortune and fate, and genealogies or nati-
vities, to deceive the people. They w ho carried about she
bears or other animals, Balzamon says, were such impostors
as pretended, that the hairs of those bears, or toys tied to
them, were remedies against witchcraft. And so the Coun-
cil forbids all these ways of making and using charms and
amulets, as the relics of heathen superstition, still remaining
among the weaker and baser sort of Christians. 1 have
been the more curious in searching- into the true meaning
of this canon, because it is passed over in silence by most
' Vid. Cod. Theod. lib. xiv. tit. 7, de Collcgiatis. V'g. ii. et Gothofred. in
Loc, * Coinmodian. Instruct, ad Calcem CyprianI Edit. Rigaltli.
Mane ebrio, cnulo, pcrituro, crcditis viro,
Qui ex arte licte loquitur, quod illi \iiiotur.
Ijisi" sibi noscit divinare, cjcteris audet,
X'l-rtilur a se lotans cum lii^no bifurci,
Ac si.jmlcs ilium ufllutuni iiumiuf ligiii.
CrtAP. v.] CIIUISllAN CIIUHCll, 233
oorntdontatiMs, and tlie reader with mo must own liimscll
beholden to the learned (Jothotred lor the explication oi" it.
Sect. 7. — Of the Prtesiigia', or false Miracles, wrought by the Power of
Satan.
There is another sort of impostors mentioned in the same
canon under the name of rojjrevTtu, which is a general
name for nil, that use tricks and impostures ; but here it is
taken in a more restrained sense, for such as pretended to
work miracles by the j)ouer of magic, such as Jannos and
Jambres among the Egyptians, and Simon Magus among-
the Jews, and Apollonius Tyanscus and other impostors
among" the Gentiles, They are otherwise called Qavj^uiTOTroidi
and ^'ij«/)a?ff cs' by the Greeks, and Prcesthjiatores by the Latin
writers. Their tricks were chiefly shewn in making false
appearances of things, and imposing upon men by the delu-
sion of the outward senses. The ancient author of the
Recognitions, describes their art^ in the person of Simon
Magus, whom he brings in giving himself this vain-glo-
rious character; " 1 can make myself disappear to those,
that w^ould apprehend me, and again, I can appear when
f please ; when I am minded to Hy, I can pass through
mountains and stones, as through the mire ; when I cast
myself headlong from a precipice, I am carried as if I were
sailing to the earth without harm ; when I am bound, I can
loose myself, and bind them, that bound me ; when I am
close shut up in prison, I can cause the doors to open of
their own accord ; I can give life to statues, and make them
appear as living men ; I can make trees grow suddenly out
of the earth, and raise up plants in a moment: I can throw
myself into the fire, and not be burnt ; I can change my
countenance, so as not to be known ; yea, I can shew my-
self with two faces unto men : t can make myself a sheep
' Theod.in 2 Thes. ii. ix. Ouk akr]^)] BavfiaTa iroisffi. vi aTvb tu>v \////0wj'
TUQ tTrwvv^iai; t^ovrtc- Athanasius, Qujest. 124'. ad Antioch. 'Oi Xiyofievot
\pi]<pdStQ, (?j •TraXii' avrog 6 aiTt^jiiToc tjjxo/ifvoc, Iv (pavraaia ir\ai'(^ thc; '''^"
daXfiHij TMv ai'^fxoTTwi'. Suidas Voce *^>i(/)oXoyo^. Capitular. Aquisgran.
lib. i. caj). Ixiv. Calculatoros, incantatores, tempeslarii, &c.
^ Recoguit. lib. ii. n. 9. ap. Cotelcr. p. 506.
234 THE ANTIQUITIES OF THE [BOOK XVI.
or u g-oat ; 1 can give little children a heard ; and fly in tlie
air; 1 can shew much g'oid, or tnrn lead into gold; I can
sot up king's, and dethrone them at pleasure." Now Ter-
tullian* observes, that Simon Magus, for these jug-giing prac-
tices, and miracles belonging- to his profession, was anathe-
matised by the Apostles, and cast ofl'as an alien from the faith.
And all such sophistcrs, as he terms them, had ever the same
fate from the beginning of the Gospel. Which observation
of Tertullian's is most certainly true, and might be confirmed
by abundance of instances in ancient story ; and especially
of heresiarchs, or founders of new heresies, who pretended
commonly to work miracles and wonders, to gain a reputa-
tion to their novel opinions. I will only mention one or two,
that were famous in this kind. The heretic Marcus, the
father of the Marcosians, is thus described by an ancient
author, wlio wrote before the time of Irenajus^ in these
words : " O Marcus, thou idol-maker and wonder-worker,
empiric in astrolog-y and art of magic, by which thou dost
propagate thy seducing doctrines, making a shew of signs
and miracles to them, that are led into error by thee, which
are the works of the apostate power, Satan thy father ena-
bles thee to do by the angelical power of Azazol, using* thee
as the fore-runner of the antichristian deceit." And Irenaeus^
himself takes notice of one of his juggling tricks, which
was, that when he pretended to consecrate the eucharist in
a cup of wine and water, he made it appear of a purple
and red colour, by a long prayer of invocation, that it
might be thought the grace from above distilled the blood
into the cup by his invocation. Such another imposture is
mentioned by Firmilian in his letter to Cyprian, where he
speaks of a woman, who pretended to be inspired by the
Holy Ghost, but was really acted b}' a diabolical spirit,* by
' TtTtul. dc Idol. cap. ix* Exinde ct Simon Magus jam fidolis, quoniani
aliquid adliuc dc circulatoriri scctfi co<Titaret, ut scilicet inter miracula pro-
fcssionis su;c itiain Spiritiim Sauctuin per nianuuni imjiositioiu-m enundiiia-
ret, maledictus ab Apostolis de fide ejectus est. Kt post Evangelium
nus(iuaiTi invenias sopliislas, nisi plane punitos.
'' Iren. lib. i. cap. xii. ^ lien. HI), i. cap. 9.
' Firniil. Ep. Ixvv. ad <'ypr. |). -i-i'i. Emersit subito <iuicdam mulicr, qua;
CH\l\ v.] CHRISTIAN CHURCH. 235
which she count eircitetl ecstasies, and pretended U> |)io-
phesy, and wrought many wonderful and strange tilings,
and hoasted that she would cause the earth to move. Not
that the devil has so great power, either to move the earth,
or shake the element by his command ; l)ut the wicked
spirit foreseeing" and understanding", that there will be an
eartlnjuake, pretends to do that, which he foresees will
shortly come to pass. And by these lies and boasting's,
the devil subdued the minds of many to obey him, and
follow him wheresoever he w'as pleased to command or
lead them. And lie made that woman walk barefoot through
the snow in the depth of winter, and feel no trouble or harm
by running about after this fashion. But at last, after
having played many such pranks, one of the exorcists of
the Church discovered her to be a cheat, and shewed, that it
was a wicked spirit, which before was thought to be the Holy
Ghost. There are many other such instances in the history
of the Montanists* and Pepuzians, and the Apellians and
Severians,^ mentioned by St. Austin and other writers : but
these are sufficient to shew what pretences w'ere commonly
made by heretics to the power of working miracles, which
the Church, apprehending them to be wrought by the
power of Satan, and not by the Holy Spirit, rejected as im-
postures, and punished the pretenders with the severest of
her censures. For so Eusebius^ out of Apollinaris particu-
larly tells us of the Montanists, that their new prophesies,
being judg'ed impious and profane, their doctrine was con-
demned, and the authors expelled from the communion of
the Church, as enthusiasts and demoniacs, who were al-
ways excluded from the participation of the holy mysteries,
whilst they remained under the power and agitation of
Satan. St. Basil* appoints the same penance for those, who
profess conjuration, yor^Teiav, as for those, who are guilty of
in extasi constituta, prophctcn se i>ra:ferret, ct quasi Sancto Spiritu plena
sic ageret. — Mirabilia qujedam ac portcntosa periiciens, et I'acere se terrain
moveri poUiceretur. Non quod damoni tanta esset potestas, &c.
' Vid. Aug. de Uteres, cap. xxvi. Euseb. lib. v. cap. 18.
'^ Aug. ibid. cap. xxv. Euseb. lib. v. cap. xiv, ct xvi.
"• Euseb. lib. v. cap. 16. * Basil, can. Ixv.
23G THE ANTIQUITIES OF THE [bOOK XVI.
murder, that is, twentv voars in several stations of re-
pentance.
Sect. 8. — Of Obst-rvation of Days and Accidents, and making Presages and
Omens upon tlieni.
There was one piece of superstition more, which the
Ancients frequently censure, as a breach of men's baptismal
vow, and part of the pomp and service of Satan, which they
professed to renounce in baptism. This was, the observa-
tion of days and accidents, as lucky or unlucky, and making
presag-es and omens upon them. St. Chrysostom' has a
large invective against this sort of superstition. " The
pomps of Satan," says he, " are the theatre and the games
of the circus, together with the observation of days, and
presages and omens. And what are omens ? why, sup-
pose when a man goes first out of his doors, he meets a
man, that has but one eye, or is lame, he reckons this omi-
nous, or foreboding some ill fortune to him. This is part
of the pomps of Satan. For the meeting of a man does not
make the day evil, but the spending of it in sin. Keep from
sin, and the devil himself cannot hurt you : but if you make
presages upon meeting of a man, you discern not the
devil's snare, who makes you v,ithout reason an enemy to
one, who has done you no harm. But there is one thing
more ridiculous than this, which I am ashamed to speak,
and yet I must mention for your salvation. If a man meets a
virgin, he cries out presently, this will be a fruitless day with
me : but if he meets an harlot, it will be a good and lucky
day, and bring* him in great gain and advantage. See how
the devil here hides his craft, to make us abhor a chaste
and modest woman, and love an impudent harlot. But
what shall a man say of those, who use inchantments and
ligatures, binding the brazen medals of Alexander the
■Great about their heads or feef? Are these, I pray, the hopes
' Chrys. Horn. xxi. ad Pop. Antioch. torn. i. p. 274. Uoniri] aaTaviKi)
*"ri ^tarpa icf 'nnroSpofiiai, K) Traparifpifai^ I'lfifpuv ic) K\t}^6vtQ ici (TVftjioXa. See
also IToni. xxiii. de Noviluniis, cited brfore. Cliap. iv. sect. 17. ct Com-
ment, in Galat. i. p. 973.
CHAP, v.] CHRISTIAN CHURCH. 237
of a Christian, that aftov tho cross and death of our LonJ,
we should place our hopes of salvation or healtli in the
imag-e of an heathen kin»^ ? know you not what f»-reat
thino-s the cross lias done? how it has destroyed death,
abolished sin, taken away the force of hell and the grave,
and dissolved tho power of death 1 and canst thou not
trust it for curing thy bodily distempers ? It has raised the
whole world from the dead, and canst thou not confide in
it"? but thou dost not only seek after such ligatures, but
inchantments, entertaining- old drunken and staggering" wo-
men in thy house for this purpose. And the apolog-y you
make for so doing, is worse than the error itself. The
woman, say you, who makes the charm, is a Christian, and
she does nothing- but make use of the name of God. For
that very reason I the more detest and abhor her, because
she uses the name of God to dishonour and reproach it;
because she is called a Christian, and does the works of an
heathen. The devils confessed the name of God, yet they
were devils for all that : they said to Christ, We know Thee,
who Thou art, the Holy One of God, yet notwithstanding
he rebuked them and cast them out. Wherefore I beseech
you, keep yourselves pure from this deceit, and let this word,
I renounce thee Satan, be your staff. As you would not go
into the market without your shoes and clothes, so never go
forth of your doors, without first using this word, I renounce
thee, Satan, and thy pomp and service, and I make a cove-
nant with Thee, O Christ. Go no where without this word,
and it will be your staff, your armour, your impregnable
tower. Join with this word the sign of the cross in your
forehead, and so not only the meeting of any man, but the
devil himself cannot hurt you." St. Austin gives a like
caution against this sort of superstitious observations.
" To this kind," says he,* " belong all ligatures and
remedies, which the school of physicians reject and con-
demn, whether in inchantments, or in certain marks, which
' Au^. de Doct. Christ, lib. ii. cap. 20. Ad hoc sronus pertinent eliam oni-
nes ligaturre, atquc reinedia, qua; modicorum quoqiie disciplina condemnat,
&c. It. Enchirid. c Ixxix. Magnum peccatum dies observare et menses
et temporu et annos, &c.
238 THE ANTIQUITIES OF THE [BOOK XVI.
they call characters, or in other things, that are to bo
hang-cd and bound about the body, and kept in a dancing-
posture, not for any temperament of the body, but for cer-
tain significations, either occult or manifest: which by a
gentler name they call physical, that they may not seem to
afiright men, with the appearance of superstition, but do
good in a natural way: such are ear-rings hanged upon the
tip of each ear, and rings made of an ostrich's bones for
the fino-ers, or when vou are told in a fit of the convulsions
or shortness of breath, to hold your left thumli with your
right hand." To which may be added a thousand vain ob-
servations, as if any of our members beat; if when two
friends are walking together, a stone, or a dog, or a child
hap{)ens to come between them : they tread the stone to
pieces, as the divider of their friendship, and this is tolerable
in comparison of V)eating an innocent child, that comes be-
tween them. But it is more pleasant, that sometimes the
children's quarrel is revenged by the dogs ; for many times
they are so superstitious, as to dare to beat the dog, that
comes between them, who, turning again upon him, that
smites him, sends him, from seeking a vain remedy, to seek
a real physician indeed. Hence proceed likewise those
other superstitions, for a man to tread upon his threshold
when he passes by his own house : to return back to bed again,
if he chance to sneeze whilst he is putting on his shoes: to
return into his house, if he stumble at his g'oing out: if the
rats gnaw his clothes, to be more terrified with the suspicion
of some future evil, than concerned for his present loss. He
says, Cato gave a wise and smart answer to such an one, who
came in some consternation to consult him about the rats
having gnaw ed his stockings : that, said he, is no great
wonder, but it would have been a wonder indeed, if the
stockina-s had gnawed the rats. St. Austin mentions the
witty answer of a wise heathen, to convince Christians this
better of the unreasonableness and vanity of all such super-
stitions observations. And he concludes, that all such
arts, whether of trifling or more noxious superstition, arc
to be rejected and avoided by Christians, as proceeding*
originally from some pernicious society between men and
CHAP. V.j CHRISTIAN CHURCH. 239
devils,' iind hcinii- the compacts and agreement of sncli a
treacherous and deceitful fiiiMidsliip. The Apostle forliids
us to have fellowship with devils: and lliat, In; says, re-
spects not only idols and thinj^s olfered to idols, hut all
ima<>inary signs pertaining' to the worship of idols, and
also all remedies and other observations, which arc not
appointed publicly by God to promote the love of God
and our neighbour, but proceed from the private fancies
of men, and tend to corrupt the hearts of poor deluded
mortals. For these things have no natural virtue in them,
but owe all their efficacy to a presumptuous confederacy w ith
devils : and they are full of pestiferous curiosity, tormenting-
anxiety, and deadly slavery. They were first taken up, not
for any real power to be discerned in them, but gained their
power by men's observing- them. And therefore, by the
devil's art, they happen differently to different men, according-
to their own apprehensions and presumptions. For the
great deceiver knows how^ to procure things ag-reeable to
every man's temper, and ensnare him by his own sus-
picions and consent. As this is an excellent account of
these superstitious observations, so it seems to intimate,
that some difference was made, between the professors of
these arts, and those, who through ignorance were deluded
by them : and therefore, though the former might fall
under the severest discipline of the Church, yet the latter,
seemed rather to have been chastised by admonitions and
rebukes, as here by St. Austin and St. Chrysostom, and
not to have incurred the highest censure of excommuni-
cation, because of their simplicity, and perhaps because of
the numbers of those, who were daily inclined to mind such
observations of days and accidents, without considering
either the original of the superstition, or the mischief thereby
• Aug. de Doct. Christ, lib. ii. cap. '23. Omnes igitur artes hujusmodi
vel nugatoiioj vel noxife suporstitionis, ex quadam pestifera societato ho-
iniiium et daiinouum, quasi pacta infidelis ot dolosai amicitiK coustituta,.
p(Miitus sunt repudianda et fugienda Christiano, &c. Vid plura ap gra-
tian. caus. 20. quaist. vii. cap. 15. and 16. Non observetis dies qui dicuntur
jEgyptiaci, &c.
240 THE ANTIQUITIRS OF THE [BOOK XVI.
done to pioty and roliglon.' I liavo insisted a little long-er
upon these thing-s, because it is to be feared, there
is always reason for a serious caution against such super-
stitions, which are apt to creep upon unwary men in all
ages of the Church.
CHAP. VI.
Of Apostacy into Judaism and Paganism, of Heresy and
Schism, Sacrilege and Simony.
Sect. 1. — Of such as apostatised totally from Christianity to Judaism.
Besides the forementioned crimes ag-ainst the first and
second commandments, there were a great many others
worth our observance, as bringing- men under the severest
censures of the Chuicii. Among these the disposition,
which many shewed toward the antiquated religion and
ceremonies of the Jews, is often taken notice of by the
Ancients in their accounts of Church discipline. And of
these we may observe three sorts or degrees. Some en-
tirely abandoned the Christian religion, and went totally-
over to the Jews ; others mingled the Jewish ceremonies
and some of their doctrines with the Christian religion ; and
others, complied so far with them, as to communicate with
them in many of their unlawful practices, though they made
no formal profession of their rehgion. Of the first sort
was Aquila, the translator of the Bible, who at first was a
Christian, as Epiphanius^ informs us, till being expelled from
the Church for adhering to astrology, he fled over to the
Jews and took sanctuary among them, setting about a new
translation of the Bible in spite to the Christians. And
such were many in the days of Barchochab^ the great impos-
tor, who compelled many Christians to deny and curse
' Consult Mr. Thicr's Traitc dcs Superstitions, cap. xxiii. and Baylc. Mis-
ctl. Reflex, occasioned by a comet, sect. 89, * Epitaph, de Ponder,
etwensur. n. 15. toni. ii. p. 171.
OIIAH, VI. J CdHISTIAN OIIUIICH. 2 11
Cliiist, US Justin IMariyr JKnuiuiiits us.' Now, tliough tlio
imperial law s allow od those, that were originally Jews, tho
freedom of their religion, and many privileg-es for a long-
time under the reigns of Christian Emperors, yet they se-
verely prohibited any Christian going over to thorn, and laid
very i;rent penalties upon all such apostates. Constantine-
left it to the discretion of the judges to punish such apos-
tates with death, or any other condign punishment. His
son Constantius subjected them to confiscation of g'oods.^
And Valentinian junior laid upon them the penalty of
being intestate,* denying them and all other apostates tlie
privilege of disposing of their estates by will. And in com-
pliance with these laws of the state, tho Church, after she
had anatliematised such apostates, showed her detestation
of them further in denying them the privilege of being- ac-
cepted as credible witnesses in any of her courts of judica-
ture. For he cannot be fiiithful to man, says the foiu'th
Council of Toledo,^ wb.o has been unfaithful to Cxod. There-
fore those Jew^s, who were heretofore Christians, and now
prevaricate from the f:iith of Christ, ought not to be admit-
ted to give testimony, although they call themselves Chris-
tians, because, as they are suspected in the faith of Christ,
so their credit ought to be questioned in human testim.ony.
Therefore their evidence is of no force, seeing' they have
falsified in the faith ; neither is any credit to be given to thern,
who have cast oft" the word of truth.
' Justin. Apol. ii. p. 72. - Cod. Thcod. llh.xxvi. tit. 8. De
Judffiis. leg. i. Si quls ex populo ad eoruin iiefariam sectam accf.sserit, et
conciliabulis eorum se applicaverit, cum ipsis pmiias meritas susfinebit.
^ Ibid. log. \ii. Si quis ex (hristiano JudiEUS efTectus facultatos ejus
dominio tisci jussimus vindicari. * Cod. Theod. lib. xvi. tit. 7.
De Apostatis. leg. iii. * Cou. Tolet. iv. can, 63. Non potest
erga homines esse iidelis, qui Deo exstitevit iiiiidelis. .ludaji ergo, qui du-
dum Cluistiaui ellVcli sunt, et nunc Christi fidem piBBvauacati sunt, ad tcsti-
nioniura dicendum adraitti uon debent, quamvis esse se Clirislianosannmici-
f nt : quia sicul in tide Cluisti suspecti sunt, ita in testrinonio huniano clutjii
liabentur, &c.
VOL. VI. U
242 THE ANTIQUITIES OF THK [BOOK XVI.
Sect. 2. — Of such as mingled the Jewish Religion and th« Christian
together.
Another sort there were, who did not wholl}' cast off the
Christian religion, but made up a new religion for them-
selves by a mixture of both together. Such a miscellany
was the heresy of the Nazarenes, and those of the Ebionites,
and Cerinthians, and Elcesaites, and Sampseans, who ob-
served circumcision, and other rituals of the Jewish law,
tog^ether with so much as they retained of the Christian ;
as may be seen in the accounts, which St. Austin,' and other
ancient writers give of them. And Gothofied thinks the
Coelicolce, who are specified and condemned in two or three
laws of Honorius in the Theodosian Code, were a mong-rel
sect of the same nature. They joined circumcision and
baptism together ; agreeing- both with Jews and Christians
in rejecting" idols, and worshipping only heaven, that is,
the God of heaven, whence they had the title of Coelicolce-,
but in this they agreed with the Jews only, that they rejec-
ted the doctrine of a Trinity in the Godhead, and only wor-
shipped God in one person. In which respect the Sabellians
also, and Paulianists, and Praxeans, and Theodotians, and
Arians, and Photinians, who either denied the divinity of
Christ, or confounded the three divine persons into one, are
commonly charged by the Ancients as flying back to Judaism
in this point, whilst they subverted the true doctrine of the
Christian Trinity by their heterodox innovations. It is parti-
cularly remarked by learned men concerning Paulus Samosa-
tensis,^ that the true reason, why he denied the divinity of
Christ, was to compliment Queen Zenobia, who was a
Jewish proselyte : for he thought, that by reducing Christ to
be a mere man, he might reconcile both religions, and take
away the partition wall, that divided the Jews and Christians,
nothino- being: so g-ieat an offence to the Jews as that Christ
was owned by his disciples to be God. There was another
sect which called themselves Hypsistarians, that is, wor-
' Aug. de llaires. cap. 8, 9, 10, et 32. ' Maurice's
Answer to Baxter's Church Hist. p. 287. Baron, an 205. n. 1.
CHAP. VI.] CIIKI8TIAN CHURCH. S4;i
shippers ol' the Most Uig-h God, whom they worshipped,
as the Jews, only in one person : and they observed tFieir
sabbaths ; and used distinction of meats, clean and un-
clean, though they did not regard circumcision, as Grego-
ry Nazianzen,' whose father was once one of this sect, gives
the account of them. Now it is certain, the Church never
allowed any of these miscellaneous doctrines, or mongrel
sects: but condemned them all as lieretics, and excluded
them from her communion. And the laws of the state were
particularly severe against the Ccelicold', those who joined
circumcision and baptism together, there being" three laws
of Honoiius in the Theodosian Code directly formed against
them. In the first of which he ranks them with the Donatists,and
Manichees, and Priscillianists, and Heathens; orderingall ge-
neral penal laws against heretics to be put in execution against
them ; and particularly appointing", that the houses of the
Coelicolce, where that new sect held their conventicles,
should with the rest be forfeited to the Church.^ In the se-
cond,* he calls them the new audacious sect of the Jews,
which presumed to disturb the sacraments of the Church,
because they rebaptized the Catholics, as the Donatists did.
In the third,* he styles them again, " the new sect of the
Ccelicolce, who broughtin an unheard of superstition," And
he threatens them, " That unless within a year they return-^
ed to the service of God and the Christian worship, all the
laws made against heretics should lav hold of them." St.
Austin also in one of his Epistles mentions this sect of the
Ccelicolce i" SiX\A intimates, that they joined with the Donatists
' Naz. Orat. xix. in Funere Patris. torn. i. p. 289. * Cod. Tlicod.
lib. xvi. tit. V. dc Haeret. leg. 43. Ita ut aedeficia vel horum, vel ccelicolarum
etiam (quae nescio cujus dograatis novi conventus habent) ecclesiis vindicen-
tur. ' Ibid, leg. xliv. Donatistarum Haereticorum, Judaeoruin
nova atque inusitata detexit audacia, quod Catholicae fidei velint sacramenta
turbare, &c. * Lib. xvi. tit. viii. De Judaeis, Ccelicolis, et
Samaritanis. leg. xix. C'oelicolaium nonien inaudituni quodamniodo novum
crimen supersfitionis vindicavit. Hi nisi infra anni terminos ad Dei cultum
Tenerationemque Christianam conversi fuerint, his legibus quibus prtecepT
imushaereticos adstringi, se quoque noverint adtinendos. * Aug.
Ep, 163, ad Elusium. p. 284. Jam niiseramus ad majorem ccelicolarum
quem audieramus novi apud eos baptismi institutorem insti^uisse, et luulto^
illo sacrilegio seduxisse.
244 THE ANTIQUITIES OF THE [BOOK XVI.
in rebaptizing- the Catholics. And that he means a sect
which apostatised from the Christian to the Jewish religion,
is evident from the title of Majoress, oiven by him to their
ministers. For by this title the Jewish ministers are fre-
quently distinguished in the Thoodosian Code.* So that it
is plain, that this sect of the Coelicola was a mixture of the
Christian and Jewish religion together, and as such was
both punislied by the laws of the State ; and rejected from
communion by the laws of the Church.
Sect. 3. — Of such as coinmunicalcd with the Jews in their unlawful
Rites and Practices.
Besides these, there were some Christians, who neither
went over wholly to the Jews' religion, nor in any main point
complied with them, who yet in some more remote rites and
practices refused not to communicate with them, as in ob-
serving their festivals and feasting-, and marrying witl) them
and receiving their i?w/o^/rt?, and having- recourse to them
for phylacteries and charms to cure diseases: all which
therefore are condemned under the penalty of ecclesiastical
censure. The Council of Laodicea forbids Christians to
Judaize by resting on the Sabbath,- under pain o^ Anathema :
likewise it prohibits keeping Jewish feasts, and accepting*
festival presents sent from them: as also receiving unleave-
ned bread from them, which is accounted a partaking with
them in their impiety. To the same purpose, among the
Apostolical Canons we find one forbidding- to fast or feast
with the Jews, or to receive any of their festival presents,* or
unleavened bread under the penalty of deposition to a clergy-
man, and excommunication to a layman. And by another of the
same canons,^ to carry oil to a Jewish synagogue, or set up
lights on their festivals, is paralleled with the crime of doing
' Cod. Theod. lib. xvi.tit. viii. De Judaeis, Ccelicolis, &c.legf. i. Judseis,
cX niajoribus eorum et I'alriaichis volumus intimari, &c. It. leg. xxiii.
Annati it majoribus Judaporum. It. lib. xvi. tit. ix. lesj. iii. Eadem In-
.seriptio. ' Con. Laofl. can. xxix.
» Ibid. 37, et .3f?. ♦ Canon. Aposl. 70.
* Apost. can. 71.
CHAP. VI.] CllKISilAN CIIUUCU. 245
the like for an heathen temple or festival, and both of thein
equally punished wifli excommunication. So a bishop, priest,
or deacon, who celebrates the Easter festival, before the
vernal equinox with tiie Jews,* is to be deposed. Thoug-h
this is a little more severe than the constitution, that was
made about it in the time of Irenajus, and afterward was con-
firmed by Constantine^ and the Council of Nice : for they
forbid the celebration of Easter with the Jews, but lay not
the penalty of deposition or excommunication upon those,
that followed that custom, because they had some pretence
of apostolical tradition for their practice. The Council of
Eliberis^ forbids Christians to have recourse to the Jews for
blessing- the fruits of the earth, and that under the penalty
of excommunication, because it was a reproacii to the
manner of blessing- them in the Church, as if that was weak
and ineffectual. The same Council* forbids both clergy and
laity to eat with the Jews, upon pain of being cast out of
the communion of the Church. And the reason of this is
assigned by the Council of Agde ;* because they use not
the meats, that are commonly used among Christians : there-
fore it IS an unworthy and sacrilegious thing to eat witli
them : for as much as they reputed those things unclean,
whicli the Apostle allows us to receive ; and so Christians
are rendered inferior to the Jews, if we eat of such things
as they set before us, and they contemn what we offer them.
Which canon is repeated in the same words in the Council of
' Apost. can. viii. Confer.* Cod. Theod. lib. xvi. tit. v. leg. 9. vt tit. vi.
leg-. 6. De Protojiaschitis. * Constant. Ep. ap. Euseb.
de Vit. Const, lib. iii.cap. 18. et 19. * Con. Eliber. can.
xlix. Admoneii placuit possessores, ut non patiantur fructus suos, quos
a Deo percipiunt cum sfiatiariim actione, a Juda;is benedici, ne nostrum
irritam et infirmam faciant beiudictionem. Si quis post interdictiim facere
usurpaverit, penitus ab ecclesiS abjiciatur. * Ibid. can. 1.
Si vero aliquis clericus vel fidclis luerit, qui cum Judasis oibum suinpserit,
placuit cum a coniniunioneabstinerc, ut debeat emendari.
* Con. Agathen. can. xl. Oinnes deinceps clcrici sive laici Judaeorum con-
vivia evitent ; nee cos ad convivium quisquani cxcipiat: quia cum apud
Christianos cibis communibus non utantur, indignum est atque sacrilegum
eorum eibos a (hristianis sunii ; quum ca qufc Apostolo permittente, no»
sumimus, ab illis .judicentiir immunda, &c.
246 *rHE ANTIQUITIES OF THK [bOOK XVI,
Vannes,^ and there is a rule in the Council of Epone to
the same purpose.* It appears also from the fourth Council
of Toledo, that tiie Spanisli Churclics were much infested
with this sort of complying- and Judaising' Christians; some
patronising- the Jews in their perfidiousness ; others turning
downright apostates, and submitting to circumcision ; and
others indifferently conversing with them to the manifest
danger of their own subversion. Against which last sort of
compilers the sixty-first canon of that Council is particularly
■directed ; and there are six or seven canons more in the
same place one after another relating to cases of the like
nature, which need not here be related. The Council of
Clermont^ makes it excommunication for a Christian to
many a Jew. And the third Council of Orleans prohibits
it under the same penalty,* together wath sequestration of
the persons from each other. St. Chrysostom inveighs
against those, who went out of curiosity to the Jewish syna-
gogues, saying-,* " It was the same thing- as going to an
idol temple: if any one sees thee, who hast knowledge, go
to a synagogue to see the trumpets, shall not the conscience
of him that is weak, be emboldened to admire the Jewish
ceremonies ? Although there be no idol there, yet the
devils inhabit the place. Which I say not only of the syna-
gogue which is here, but that of Daphne, that more impure
pit of hell, which they call Matrona. I hear many of the
faithful go thither, and sleep in the place. But God forbid
I should call them the faithful. For the temple of Apollo
and Matrona are equally profane. Is not that a place of
impiety, where devils dwell, although there be no image
there? Where the murderers of Christ assemble, where
the cross is cast out, where God is blasphemed, where the
Father is not known, where the Son is reviled, w here the
grace of the Spirit is rejected V He particularly bewails
' Con. Venolh'um. can. xii. ' Con. Epauncnsc. can. xt.
V'd. Con. Matiscon. i.can. xv. Ann Han. iii. can. xiii.
* Con. Arvcrncnsc. can. vi. ' Con. Aurel.iii. can. xiii.
Vid. Aug. 234-. Kt Ambros. Ac Abrahamo. lib. i. cap. 9.
• <'Vir>r.. lloni. i. cont. Jtul. torn. i. p. 442. el ii3.
CHAP. VI.] CHRISTIAN OHUROH. 217
those,' who went, either to see or join with them in the ce-
lehration of their fasts ami festivals, the feast of trumpets,
the feast of tabernacles, and the fast of the great clay of
expiation, which came all in the month Tisri, or Septem-
ber, when he preached his sermons ag-ainst the Jews. He
notes also the wickedness of some,^ who would draw others
by force to go and take an oath in a Jewish synagogue,
upon a most unaccountable persuasion, that an oath given
there was more formidable than any other whatsoever. For
these and many other reasons, which he there largely pur-
sues,^ he styles all such only " half- christians, Xoi'^iavoi
l^ VjuiKTHag.'' He has two other whole sermons against
those,^ w ho observed the Jewish fasts, and frequented their
synagogues: in the latter of which he addresses himself to
them in these words : " We have now clearly proved, that
the places where the Jews assemble, are inhabited by
devils. How then darest thou, after being in the chorus of
devils, return to the assembly of the Apostles? How is it,
that thou are not afraid, after communicating with those,
who shed the blood of Christ, to come and communicate at
the holy table, and partake of that precious blood? Does
not horror and trembling seize thee, after having* committed
so great a wickedness ? Dost thou not reverence the holy
table ? Wherefore, I exhort you, admonish and edify one
another. If any man be a catechumen, who labours under
this distemper, let him be driven from the doors of the
Church : if he be one of the faithful, and initiated in the
holy mysteries, let him be driven from the holy table. All
sins need not exhortation and counsel: there are some, that
naturally require a more quick and sharp abscission. I
therefore from henceforth shall abstain from all further ad-
monition, and protest and proclaim, If any man love not
the Lord Jesus Christ, let him be anathema. And what
greater argument can there be of any one's not loving
Christ, than his communicating- with those in their festivals,
who killed Christ? It is not I that anathematize these, but
» Chrys. Horn. i. cont. Jnd. torn. i.p. 433. « Ibid. p. 437.
* Ibid. p. 440. ■• Iloni. Hi. In cos qui Pasclia jcjunant. et
Horn. liii. In cos quicuni Judaeis jejunant. loin. v. p. 721.
245 THE ANTIQLITIKS OK THli [bOOR XVf.
Paul, yea Christ that speaks l)y Paul, and says, "Whoever
of you are justified by the law, ye are fallen frcm grace."
In his comment upon those words of St. Paul to Titus/
" Rebuke them sharply, that they may lie sound in the
faith," lie speaks again of tliis matter: '• If they, uho
make a distinction of meals, are not sound, but weak, ^vhat
shall we say of those, who fast with the Jews, and observe
their sabbaths with them, and oo to their svn.acocues, to
that at Daphne, called the cave of Matrona, and that in
Cilieia, called the place of Cronus, or Saturnl" In his
sixth Homily ag-ainst the Jews,^ he inveighs vehemently
{•.gainst those, who went to the synagogues to get charms
jind amulets to cure diseases, in which the Jews pretended
to a peculiar art above others, and this tempted many vain
Christians to h.ave recourse to them : but of this I have
spoken before in the last chapter out of Chrysostom, and
shall only here add, that the Jews boasted much of thi^ art
as coming- to them from some apocryphal writings of King-
Solomon, such as his Book of Prayers, or Tnchantments to
cure Diseases, and his Book of Exorcisms, or Conjura-
tions to cast out Devils, both vshich are mentioned by Jose-
phus,^ who mag'nities the art as still remaining* among
them, speaking- of one Eleazer, who, according' to the rules
there prescribed, pretended to cure one possessed with a
devil in the presence of Vespasian. Origen also* mentions
these books, and says, some Christians abjured devils after
the same manner by forms out of Apocryphal and Hebrew
books, in imitation of those of Solon\on, which he does
by no means allow, but says, it is judaical, and not accor-
ding- to the |30vver given by Christ to his disciples. By all
which it appears, that as the Jews pretended much to this
power, so n^any Christians were so vain as to have secret
' Horn. iii. in Tit. p. 1700. ' iloiii. vi. iiiJiida;os. torn,
i. j), o3;5,&c. Sec liiis bel'oie, chapter v. sect. 0. " Joseph.
Anliq. lib. viii. caj). -2. * Oiig-. Tract, xxxv. in Mat. j). ISS.
IS'on est sccunduni potcstate-.n dalam a Salvatoreadjurare da^monia : Jiidaicuui
<Miiin est. IJoc ctsl aliquando (i uosiris tale alitiuid fiat, simile (it ei, ([uod a
Salomone seriplis adjuratiouibus soleiit divnioiics adjiirari. Sed ipsi qui
iiluiitur adjuratiouibus iilis, aliquoties nec idoneis cons;itutis libris utunlur.
Quibusdain autciii rt do llcbreco accrptis ndjiiranl djcnionia.
niAr. VI,] ' CHRISTIAN CIJUKCM. 24 9
lofourse to tliem, (for Chrysosfom says, they were ashamed
to do it in jmhiic,) imnoining- tlieir inchantmonts to be of
moio elKcacy than any others. Which was a (h)iihle crime,
first to make use of charms, and then to take tliem from
the enemies of Christ, to the flagrnnt scandal of the Chris-
tian religion. Whenever therefore any were convicted of this
crime, tliey were sure to feel the utmost severity of ecclesi-
astical censure.
Sect. 4. — Ol'siuli as aposlatised voluntarily into Jleatheiiism.
Anotlier sort of apostates were such as fell away volun-
tarily into heathenism, after they had for some time made
profession of Christiunity. These differed from common
lapsers into idolatry in this, that the common lapsers
fell by violence, and the fear and terror of persecu-
tion; but tliese fell away by principle and choice, and
out of a dislike to religion, and love of Gentilism,
which they prefened before the religion of Christ, when
they might without any molestation have continued in it.
And as the one usually returned as soon as they had oppor-
tunity, so the other commonly continued apostates all their
days. The imperial laws, at least from the time of
Theodosius, denied such the common privilege of Rr— ..a
subjects, depriving- them of the power of disposing of their
estates by will. As appears from two laws of Theodosius
the Great in the Theodosian Code,^ which the other suc-
ceeding l<]mperors contirmed. Particularly Valentinian
junior not only denied them the power of making- their own
wills, but of receiving any benefit from others by will :^
' Cod. Tiicod. lib. xvi. tit. 7. de Apostatis. leg. i. His, qui ex Cliristianis
Pagani fact! sunt, cripiatur facultas j usque testandi. Oinne defuncti, si quod
est, testamiMitum, subinotO, conditione, rcscindatur. It It^jf. ii. Ibid. leg. iii.
iv. V. vi. vii. * Ibid. leg-, iv. Hi qui sanctam fidcm prodide-
rint et sanctum baptisnia profanaverint, a consortio omnium scgrcfirati, sint
a ti'Stinioniis alieni, testamenti non habeat.t factionem, nulli in ha?reditat(!
succedaut, a neinine scribantur lucredes. Quos etiam prajcepissenius procul
abjici, aclongius amandari, nisi pcensE visum luissent esse majoris, versari
inter homines, et honiinuni earere sulTragiis. Sed nee unquam in statum
pristinum rcvertentur; noti flagitium morum oblitcrelur pcrnitentifi, Sec,
250 THE ANTIQUITIES OF THE [BOOK XYI.
no man might mtike tliem his heirs, nor could they succeed
to any inheritance. They were to have no commerce or
society with others ; their testimony was not to be taken in
law; they were to be infamous and of no credit among men,
among- whom they were allowed to Hve without banishing,
only to make it the greater punishment, to live among men,
and not enjoy the common privileges of men. Nay, they
were never to regain their ancient state : though they re-
pented and returned, this should be no benefit to them in
this respect ; their repentance should never obliterate their
crime, because they had broken their faith to God. This
was their condition in temporals. As to their spiritual
estate, by some canons of the Church they were as severely
treated. The Council of Eliberis' denies communion to the
last to all such apostates, because they doubled their crime,
not only in absenting from the Church, but in defiling them-
selves with idolatry also. Whereas such lower apostates
as only absented themselves from religious assemblies for
a lont>- time,^ and did not commit idolatry, if afterward
they returned again to the Church, they might be admitted
upon ten years penance to the communion Cyprian says,'
many of his predecessors in Afric denied communion to the
vii^'^ last to all such as were guilty of the three great
crimv^s, apostacy, adultery, and murder. And though this
rigour was a little abated in his time, yet they still held
idolatrous apostates to penance all their lives. Which is
also noted by Siricius,* bishop of Rome, who says, apos-
tates were to do penance as long as they lived, and only to
Cod. Theod. leg. v. Si quis splendor conlatus est in eos— perdant, ut de
loco suo statuquc dejecti, perpetua urantur infamifi, &c. Vid. leg. ^i. et Tii.
ibid, et Cod. Theod. xi. tit. 39. de Fide Testium. leg. xi.
• Con. Eliber. can. i. Placuil inter eos, qui post fidem baptismi salutaris
adultfi a-tate ad tciiipUiin idololatiaturus accesserit, et feceiilquod est crimen
principale, quia est sunimum scelus, placuit nee in fine eum conimunionem
accipere. ' <-'on. Eliber. can. xlvi. Si quis fidelis apontata
per infiLila tempora ad ecclesiam non accesserit ; si tanien aliquando fueril
rcTersus, nee fuerit idololatra, post decern annos placuit conimunionem ac-
t;ipere. * Cypr. Ep. lii. al. Iv. ad Antonian. p. 1 10.
♦ Siric. Ep. i. ad Himerium. cap. iii. Apostatis, quamdiu vivunt. agenda
noenitentia est, &c. >?ee before chap. iv. sect. i.
€HAP. VI.] CHRIiiTlAN CHURCH. 2'j\
have llio grace oi recoiKiliation at the point of death. And
thi.s favour was allowed them only upon [)roviso, that they
returned and .submitted to penance voluntarily in their life
time, before any necessity or sickness drove them to it : for
if they continued apostates to the last extremity, and only
desired to be reconciled, when the fear of imminent death
was upon them, then Cyprian assures us/ it was denied
them ; because it w'as not rei)enfance, but the fear of ap-
proaching death only that made them desire a reconciliation.
And the first Council of Aries made a like decree,^ that
such apostates should not be received to communion, unless
they recovered, and brought forth fruits worthy of repen-
tance. The true reason of which severity was to deter men
from depending too much on a death-bed repentance. For
except in the case of martyrdom, which Cyprian allows,'
such apostates had no time to demonstrate by their works
that they were real penitents ; and therefore the Church
denied them absolution, and remitted them wholly to God's
unerring judgment.
Sect. 6. — Of Heretics and Schismatics, and tiieir Puiiislimeiits, both Eccle-
siastical and Civil.
The next sort of delinquents against the first command-
ment were heretics and schismatics, the one of which trans-
gressed against the doctrine of faith delivered by the
Church, and the other against the unity of the worship and
discipline, which compacted the Church into one mystical
body of Christ. In each of these there were several de-
grees of sin, which were accordingly treated with differeiit
decrees of ecclesiastical censure. But because it was im-
possible for lawgivers to know^ the particular motives and
inducements that might engage men in heresy or schism,
therefore the laws were made in general terms against
them, and the allowances that were proper to be made upon
any occasion for the abatement of the rigor of them with
' Cypr. ibid. p. 111. Nee dignus est in niorte accipere solatium, qui non
cor;itavit se esse uioriturum. ' Con. Arelat. i. can. 23.
* Cypr. de Lapsis. p. 127. It Ep. xiv. al. 19. ct Ep. It. ad Anlonian. p. 102.
252 THE ANTIQUITIES OP THE [BOOK XVI.
respect to particular persons, were left to the discretion ot
the juclges, that were to put them in execution. I shall
first <>-ive a short account of the civil penalties, that were in-
flicted on them by the imperial laws of the State, and then
consider the ecclesiastical punishments, that were inflicted
on them by the laws of the Church.
Sect. 6.— Of the Civil Punishments inflicted ou them by the Laws of the
State.
The laws of the State made against heretics and schis-
matics by the Christian Emperors from the time of
Constantine, are chiefly comprised under one title, de Hoi-
retivis, in the Theodosian Code, which are too many and
lono- to be here recited: therefore I shall only give a siiort
abstract of them, as they are collected by Gothofred in his
premonition to that title.* There he observes eleven distinct
kinds of punishment inflicted on them in general, besides
the particidar laws, that were made against their teachers,
their bishops and clergy, and their conventicles, and all sucli
as favoured or abetted them.
The first of these is the general note of infamy affixed to
them all in common: the laws always styling- them infa-
mous persons. Leg. 7, 13, 54. de H(sreticis. Leg. 2. de
Fide CathoUcd.
Secondly, The affixing- on some particular sects special
names of infamy and reproach ; as when Constantine ordered
the Arians to be called Porphyrians: and Theodosius Junior
the Nestorians to be branded with the name of Simonians.
Leg. 66. de Hcereticis.
Thirdly, All commerce forbidden to be held with them.
Leg. IT, 18, 36, 40, 48. de Hcereticis.
Fourthly, The depriving them of all offices of profit and
dignity in the Militia Palatina, or civil admiuistration.
Which was first enacted by Theodosius, and confirmed by
the succeeding- emperors. Leg. 9, 25, 29, 42, 48, 58, 61,
65. Particularly Gothofred commends that, as an elegant
' Gothofred. Paratitlon. ad Cod.Theod. lib. xvi. tit. 6. de llffircticis.
CHAP. VI.] CHRISTIAN CIUIROH. 253
sayino- of Honorius, Leg. 42, tie Ihereticis. " Ntdlm nobis
sit aliqud rafione conjuiictus, qui a nohis fide et rdiijione
discedat, IVe will have no one emyloyed about us, that differ.^
from us in faith and relnjionr Yet ho observes that all
biirdensomo offices, both of the camp and curia, what we
now call military and municipal offices, were imposed upon
thorn. Which is confirmed by one of Justinian's Novels,'
which the learned reader may see in the margin.
Fifthly, they were rendered intestate, that is, they were
unqualified either to dispose of their estates by will, or re-
ceive estates from any others. Thus particularly the
Manichees were punished. Leg. 7, 9, 18, 65. De Hcereticis.
et Leg. 3. De Apostatis. And so the Eumonians, Leg. 17,
25, 49, 50, 58. De Hareticis. And the Donatists,
Leg. 54. De Hcereticis. et Leg. 4. " Ne sanctum bnptisma
iterctury Pursuant to which laws all the goods of heretics,
or whatever was left them, were liable to be confiscated
either to the Emperor's exchequer, or to the people of
Rome, Leg. 7, 9, 17, 18, 49. De Hcereticis.
Sixthly, The right of giving- or receiving- donations was
denied them, Leg. 7, 9, 36, 40, 49, 50, 58, 65. De
Hcereticis. et Leg. 4, " A*? sanctum baptisma iteretur.''
Only by one law some few persons were excepted, to whom
they mig-ht give donations, Leg. 65. De Hcereticis.
Seventhly, the Manichees, Cataphrygians, Priscillianists,
or follovvers of Priscilla, the Montanists, Donatists, and
all that were rebaptised by them, are deprived of the right
of contracting-, buying, and selling. Leg. 40, 48, 54. de
Hcereticis., et Leg. 4. " Ne sanctum bafdisma iteretur.''^
Eighthly, pecuniary mulcts and fines were imposed upon
them, L^^f. 39, 52, 54. de Hcereticis. And these are often
mentioned by St. Austin,^ who yet intimates that they were
• Justin. Novel, xlv. Sunto decuriones, quemadmodum jam cohortalibus
ante legibus cxpressum est; ncque ullus religionis cultus tali eos fortun!^
eximito. — Indigni tanien onini curiali existunto honore. Et quia nuilta
leges decurionibus privilesfia tiibuunt, turn ne ictus fustium illis inferatiir
&«s nullo horum perfruuntor. — Iinplento tarn personalia quiun patriraonialia
munera, neque eos lex ab his eximat : honore autem nullo perfruuntor, sed
fortunam sustinento cum infaniifi.
' Aug. Ep. 68. »a Jannar. p. V>\. Poena decern librarum auri, qu« in
254 THt ANTIQL'ITIES OF THIi [bOOK XVI.
seldom executed ag-ainst them, and frequently beg-g-ed off
by the Catholics interceding- for them.
Ninthly, they were proscribed, transported, and banished,
Leg. 13/14, 15, 16, 18, 20, 29, 40, 52, 53, 57, 58. De
Hcereticis. Thus Sozomen says,^ Constantine banished
Arius, and all who opposed the decrees of the Council ot
Nice. And St. Austin says,^ Constantine banished the
Donatists, and all the succeeding Emperors, except Julian
the apostate, made severe laws ag-ainst them. And Julian
only recalled them in devilish policy, thinking by division
of Christians into several sects, to destroy them totally out
of the world. Honorius banished Jovinian into Boa, an
island of Dalmatia, as is said in the law particularly made
as-ainst him in the Code.^ And Theodosius junior banished
Nestorius, as the historians note,* after the Council of
Ephesus had deposed him.
Tenthly, they were also in many cases subjected to cor-
poral punishment, scourg-ing,&c. before they were sent into
banishment, Leg. 21, 53, 54, 57. De Hcereticis. And
Leg. 4. " Ne sanctum baptisma iterefur.''''
Eleventhly, finally in some special cases they were terri-
fied by sanguinary laws, which made them liable to death,
though by the connivance of the princes, or the intercession
of the Church they were rarely put in execution against
them. Gothofred says, the first law of this kind was made
by Theodosius, Anno 3?2, against the Encratites, the
Saccophori, the Hydroparastata;, and the Manichees, which
is the ninth law De Hcereticis. After which example many
other such laws were made against the heretical priests,
who pretended to exercise their superstition against the
prohibition of the law : and against such possessors as
allowed them a conventicle to meet in : and against such as
hjereticos ab imperatoribus fuerat constilula, &c. Vid. Ep. 1. ad Bonifac.
Item. Ep. 166, 167, 173. Cont. Crescon. lib. iii. cap. 47. Cont, Epist.
Parmen. lib. i. cap. 12. ' Sozom. lib. i. cap. *20.
» Aug. Ep. 152. ad Doualistas. Ep. 166. y. 289.
■ Cod. Theod. lib. xvi. lit. v. De Hareticis. leg. 53.
8ocrat. lib. vii, cap. 34. Evangr. lib. i. cap. ?•
CHAP. VI. j CHRISTIAN CHURCH. 26i>
retained and concealed their pernicious books. L<'(j. 15,
10, 31, 35, 36, 38, 43, 44, 51, 53, 54, 5G, G3. De I la-
ret ids.
Besides these laws and punishments, which chiefly af-
fected their persons, Gothofred observes several other laws
which tended to the extirpation of heresy. Such as
First, those which forbid heretical teachers to propagate
their doctrine publicly or privately. Leg. 3, 5, 13, 24.
De Hcereiicis. and Leg. 2. " Ne sanctum baptisma
iteretur^
Secondly, the laws which forbid heretics to hold public
d.sputations by gathering companies of people together.
Leg. 46. De Hcereticis. et Leg. 1, et 2, et 3, " De his
qui super religione contendunt.'"
Thirdly, those which forbid heretics to ordain bishops,
presbyters, or any other clergy. Leg. 12, 14, 21, 22, 24,
26, 27, 57, 58, 05. De Hcereticis.
Fourthly, such as deny to those, that are so ordained, the
names and privileges of bishops and clergy. Leg. 1. 24,
26,28. De Hcereticis. Leg. 2, et 3. Ke Episcopis. Leg.l.
" Ne sanctum baptisma iteretur.'"
Fifthly, such laws as prohibit all heretical conventicles
and assemblies. Leg. 4, 5, 6, 10, 11, 12, 14, 15, 19,20,
21, 26, 30, 45, 52, 53, 54, bG,Qb,De Hcereticis. et Leg.l.
Ne sanctum baptisma iferetur.'^
Sixthly, such as forbid heretics to build conventicles.
Leg. 1, 2, 6, 7, 8, 12, 30, 05. De Hcereticis. et Leg. 3.
De Fide Catholicd. And forbid any one to leave any
legacy to them. Leg. 65. de Hcereticis. x^nd ordering
both the conventicles and whatever was so bequeathed to
them, either to be confiscated to the public exchequer.
Leg. 3, 4, 8, 12, 21, 30. de Hcereticis. Or else to be
given to the use of the Catholic Churches. Leg. 43, 52, 54,
56, 57, 65. de Hcereticis. et Leg.2. " Ne sanctum baptisma
iteretur.^^ Only excepting the Novatians, to whom Con-
stantine shewed a little favour, because though they were
schismatical, yet they held to the Catholic faith. Leg. 2.
de Hcereticis. Socrat. lib. ii. cap, 30. lib. v. cap. 10.
Soaomen. lib. viii. cap. I.
2i>6 Tllli ANTIQUITIES OF THE [bOOK XVL
Seventhly, such laws as allow slaves to inform ag'ainst
their heretical masters, and g-ain their freedom by coming-
over to the Church. Leg. 40. De Hcereiicis. et Ley. 4.
" Ne sanctiLm baptisma iferefur.^''
Eighthly, such laws as deny the children of heretical
parents their patrimony and inheritance, except they re-
turned to the Catholic Church. Ler/. 7, 9, 40. De Hcereticis.
Le(/. 7. " Ae snncfiim huptisma iteretitr.''^
Ninthly, such laws as order the books of heretics to be
burned. Leg. 34, et 65. De Htsreticis.
This is the short account of those several penal laws,
which the Emperors made against heretics, from the time of
Conslantine to Theodosius Junior, and Valentinian IIT.
whicli the learned reader may find at length under their
respective titles in both the Theodosian and Justinian Code.
It is sufficient here to have «^iven an abstract of them, which
may serve to give some light to the laws of the Church, that
were made against them, which I now proceed to give a
more particular account of, as more properly relating to the
discipline of the Church.
Sect. 7. — How Heretics were treated by tlie Discipline of tlio Church.
First, They were anathematized and cast out of the Church.
And here we may observe in the first place, that heresy
■was always accounted one of the principal crimes, that a
Christian could be guilty of, as being a sort of apostacy
from the faith, and a voluntary apostacy, which was a cir-
cumstance, that added much to the heinousness of the
offence. Therefore Cyprian comparing the crimes of here-
tics and schismatics with those, that lapsed into idolatry by
the violence of persecution, says,^ " this is a worse crime
than that, which the lapsers may seem to have committed,
who yet do a severe penance for their crime, and implore
the mercy of God by a long and plenary satisfaction. The
one seeks to tlie Church, and humbly intreats her favour;
the other resists the Church, and proclaims open war
' Cypr.de Unit. Rccies. p. 117.
CHAP. M.] CHRISTIAN CHURCH. 207
against lior. The one has the excuse of necessity: the
other is detained in his crinne by his (nvn will only. He
that lapses, hurts himself alone : but he that endeavours to
make an heresy or schism, draws many others with him into
the same delusion. Here is only the loss of one soul: but
there a multitude is drawn into danger. The lapser is
sensible, that he has committed a fault, and therefore he
mourns and laments for it: but the other grows proud, and
swells in his crime, and pleasing" himself in his errors he
divides the children from the mother, tempts and solicits
the sheep from (he shepherd, and disturbs the sacraments
of God. And whereas a lapser sins but once, he sins every
day. Finally, a lapser may afterward become a martyr, and
obtain the promises of the kingdom ; but the other, being-
out of the Church, cannot attain to the rewards of the
Church, although he be slain for religion." This last argu-
ment is often insisted on by Cyprian,* and St. Austin and
Chrysostom and others, to deter men from engaging in
heresy and schism : and it implies, that heretics did volun-
tarily cut themselves off from the communion of the Church,
and stood condemned of themselves, (as the Apostle words
it, and some of the Ancients understand it,) by a voluntary
excommunication, or separation of themselves from the
Church. Yet this did not hinder, but that notwithstanding
any such separation of themselves, the Church ordinarily
pronounced a more formal Anathema, or excommunication
against them. As the Council of Nice ends her creed with
an ^??o//iema against all those, who opposed the doctrine
there delivered ; and the Council of Gangra closes every
canon with Anathema against the Eustathian heretics; and
there are innumerable instances of this kind in the Tomes of
the Councils, which it would be next to impertinent here
only to refer to, they are so well known to all, that have
ever looked into them.
' Vid. Cypr. Ibid. p. 109, 113, 11-1. Ep. h. ad Antonian. p. 108 et 114,
Ep. Uii. et Ix. ad Cornel. Aug. cont. Liteias Fetiliau. lib. ii. cap. 23. de
Bapt. lib. cap. xvii. Ep. 61 and 204. Chrys. noni.xi. in Ephes.
VOL. VI. S
258 THE ANTIQUITIES OF THE [bOOK XVI-
Sect. 8,— Secondly, Debarred from entering the Church by some Canons,
though not by all.
To proceed then, when they were once formally excom-
municated, so long" as they continued impenitent, they were
bv some rules of discipline debarred from the very lowest
privileges of Church-communion; being- forbidden to enter
the church, so much as to hear the sermon, or the Scrip-
tures read in the service of the catechumens. The Council
of Laodicea has a canon to this purpose,^ '•' that heretics,
so lonu" as they continue in their heresy, shall not be per-
mitted to enter into the house of God." And it is probable,
this rule might be observed in the strict discipline of some
Churches. But it was no general rule: for 1 have had
occasion to shew before,^ out of the African and Spanish
Councils, and several passages of St. Chrysostom's Homi-
lies, that liberty was g-ranted to heretics, together with
Jews jind heathens, to come into the Church and hear the
sermon preached and the Scriptures read, being- these were
proper for their instruction. They thought it not impossible,
but that heretics rnight be converted in the Church, as
Polemon, a debauched young- man, was converted in the
school of Xenocrates ; when coming- drunk and with his
bacchanal wreaths about his head to hear the philosopher
road his lecture, which happened to be about temperance
and modesty, he was so affected therewith, that he not only
became his scholar and his convert, but his successor also
in the school of Plato.^ The historians tell us, that
Chrysostom by this means broug-ht over many to acknow-
' Con. Luodlc. can. vl. ^ Book xiii. chap. i. sect. 2.
^ Vhl. Viiler. Maximum, lib. vi. cap. 9. See the story of Polemon in
Diogenes Laertius. lib.iv. Vit. Polemon. 203. See also Horal. lib. ii. sat.
iij. v.r. 251.
Qurero, faciasne quod dim,
-Mutatus Polemon, j)onas insignia morbi,
Fasciolas, cubital, focalia :
Notus ut ille
Dicitur ex collo fiirtim carpsisse coronas,
Postquam est impransi correptus voce reagistri.
CHAP. VI.] CHRISTIAN CHURCH. 259
ledge the divinity of Christ, wliilst they had liberty to come
. to hour his sermons.' And the Fathers oi" the Council of
Valuntiu in Spain give this as the reason,^ why they allowed
heathens and heretics to come and hear the bishop's preach-
ing-, and the reading- of the Scriptures, because they had
found by experience, that many by these means had been
converted to the faith. So that the Church, which always
studied men's edification, and not their destruction, in pru-
dence so ordered her discipline, as to encourage heretics to
frequent one part of her service, which she allowed to her
penitents and catechumens. .And if heretics were at any
time denied it, there was some very particular and extraordi-
nary reason for it.
Sect. 9. — Thirdly, No one to encourage Heretics and Schismatics by fre-
quenting their Assemblies.
But there was not the same reason for allowing Catholics
to frequent the assemblies or conventicles of heretics and
schismatics; because this, instead of converting- them, had
rather been to have confirmed and hardened them in their
errors : and therefore the prohibition in this case was more
peremptory and universal, that no one should join with here-
tics in any relig-ious offices, and least of all in their conven-
ticles, under pain of excommunication. To this purpose the
Apostolical Canons, " if any bishop, presbyter, or deacon
pray with heretics, let him be suspended: but if he suffer
them to officiate as clergymen,^ let him be deposed." And
again,* " if any clergyman or layman go into a synagogue
of Jews or heretics to pray, let him be excommunicated or
deposed." In like manner the Council of Laodicea,^ " none
of the Church are permitted to go to the cemeteries or mar-
tyries of heretics for prayer or worship, under pain of ex-
communication for some time, till they repent and confess
their error." And again," " it is not lawful to pray with
viii. cap. 2. ' Con. Valentin, can. i.
» Canon. Apost. xlv. * Ibid. can. Ixv.
* Con. Laodic. can. ix. ^ Ibid. can. xxxiii.
S 2
2(jO T!'!: ANTIQUlTirS OF TF!E [caOK XVI.
liorclics or schismatics.'" " The assembly of heretics,''' says
the Council of Cartliam\' " is not a Cliiirch, but a conven-
tide. Therefore with heretics no one shall either pray or
sing- psalms.2" " If a Catholic," says the Council of Lerida,*
" ofler his children to be baptised by heretics, his oblation
sliail in no wise be received in the Church/' But tlien this
was to be understood, where a man mig'ht have baptism
from a Catholic, and he chose rather to g-o to an heretic to
receive it, without any necessity to compel him so to do.
For otherwise, as has been observed before, out of several
places of St. Austin,* in case of extreme necessity, a man was
allowed to receive baptism from an heretic, ratlier than die
witliout it. This was not esteemed any breach of Catho-
lic unity, neither was it the case, which the discipline of the
Church respected, when she forbad men to encourage here-
tics by a voluntary joining- with them, and receiving baptism
from them. Cyril of Jerusalem in this sense,^ bids his cate-
chumen abhor especially the conventicles of impious here-
tics, and have no communication with them. Chrysostom
compares heretics to those,® that deface the king-'s coin :
thoug-h it be but in one point, they subvert the Gospel
thereby, and therefore Catholics ought to make a separa-
tion from them. " No one," he savs,'' " ouoht to maintain
any friendship with heretics. Since they maintain different
doctrines, men ought not to mingle or join in their assem-
blies with them." And he adds, " tliat to divide the Church
by schism, is no less a crime ;han to fall into heresy, be-
cause it exposes the Church to the ridicule of tlie Gentiles/'
There he also urges, that famous saying- of Cyprian,® " the
blood of martyrdom cannot blot out this crime. For why
' Con. Carth. i v. can. 71. Haereticorum coetus non ecclesia, sed conciliabu-
luin est. ^ Ibid. can. Ixxii. Cum IiajrcticLs nee oranduin necpsallendum.
" Con. llerdcnsc. ca .. xiii. Cutliolicus, qui ftlios suos in hairesi baptizan-
dos obtuli'iit, oblalio illius in ecclesia nuUatenus lecipialiir. Vid. Hieron.
Dialoc^. cum Lucifer, cap. v. Scions ab hicietieis bajitizatus, erroris veniam
lion, nieictur. * Aug. de Bapt. lib. i. cap. ii. et lib. vi. c. v.
lib. vii. cap. 52. See these cited at large before, clia|). i. sect. 4.
•'' t'yi'il. Calecli. iv. sect. 23. 'E^niptru)<; fiinn iravra ra avv(C[.iia twv Trnpa-
Vi'i^iiov (ii^nTiKuj}'. ®(.'inys. in Galat. i. p. 97-2.
' Chrys. Horn. ii. in. Kphcs. p. 1 Kfi, .-t I lU}^. » Ibid. p. 1107,
CHAP. VI.] OHKISriAN rilURCll. 2Cil
art tlion a martyr'? is it not for the j^i'lory of Christ? if
thor<>roro thou hiycst down thy hf»! for Christ, why dost
thou lay waste his Cliureii, for which Ciirist hiid liown his
own Mfe r' Thus the Ancients dissuade men from encouraging-
heretics and schismatics by resorting' to their assembUes.
Sect. 10. — Fourthly, No one to cat or coriTcrsc with Heretics, or receive
their Presents, or retain their Writings, or make Marriages wilhtlieni, &c.
There were many other marks of infamy and disgrace set
upon heretics by the hiws of the Church joining- with the
haws of the State, to g-ive men a greater abhorrence of
them. No one was so much as to eat at a feast, or con-
verse familiarly w ith them ; no one might receive their
Eulogice, or festival presents; nor read or retain their wri-
tings, but discover and burn them ; no one might make
marriag-es, or enter into any affinity with them, except they
would promise to return into the Catholic Church. As long-
as they continued in heresy, tlieir names were struck out of
the diptychs of the Church: and if tliey died in heresy, no
psalmody or other solemnity was used at their funeral ; no
oblations were offered for them, nor any memorial ever after
made of them in the solemn service of the Church. But
because I have spoken of these things fully in the g'eneral
description of the Church's treatment of excommunicate
persons before,* it may be sufficient only to have hinted
these several points in this place, because these punish-
ments were not peculiar to heretics, but belonged to all in
general, that were under the censure of excommunication.
Sect. II. — Fifthly, Heretics not allowed to be Evidence in any Ecclesias-
tical Cause against a Catholic.
Yet there are two things of this kind, which it may not be
improper to speak a little more particularly of here. 1. That
by the laws of the Church, as w ell as the State, heretics
were rendered infamous, and their testimony was not to be
taken as evidence in any ecclesiastical cause whatsoever.
' Chap. ii. sect. 11. &c.
262 THE ANTIQUITIES OF THE [BOOK XVI.
"The testimony of an heretic shall not be taken against a
bishop," say the Apostolical Canons.* "In all judgment,"
savs the Council of Carthag-e,^ " examination shall be made
into the conversation and faith both of the accuser and de-
fondant." In the African Code there are two canons to
this purpose, the one forbidding all excommunicate per-
sons,' under which heretics are comprehended, to be evi-
dence against any man, during the time of their suspension.
And the other, expressly naming heretics among many
others,* whose testimony was not to be admitted in law : such
as slaves and freedmen against their own masters ; all mimics,
and actors, and such other infamous persons ; all Jews
and Heathens ; and all such, whose testimony was reproba-
ted by the laws of the State ; except it were in some matter
of their own private concerns, in which case every man was
to have justice, and any one allowed to accuse another.
The same equitable distinction is made by the general
Council of Constantinople :^ a man might have a private
cause of complaint against a bishop; as, that he was de-
frauded in his property, or in any the like cases injured by
him : in which case his accusation was to be heard, without
considering at all the quality of the person or his religion.
For a bishop was to keep a good conscience, aud any man
that complained of being injured by him, was to have jus-
tice done him, whatever religion he was of. But if the
crime was purely ecclesiastical, that was alleged against
him, then the personal qualities of the accusers were to
be examined ; and in the tirst place heretics are not allowed
to accuse orthodox bishops in causes ecclesiastical; neither
any excoi.anunicated persons, before they had first made
satisfaction for their own crimes. Gothofred indeed ques-
tions whether there be any law in the Theodosian Code,
which thus unqualifies heretics from giving evidence : for
though there be a law of Valentinian's,'' twice repeated in
• Canon. Apost. Ixxv. ^ Con. Cartliag. iv. can. 90.
" Cod. African, can. 129. * Ibid. can. 130. * Con.
Constant, can. v\. s Cod. Tlieod. lib. \\. tit. 39. Dc Fide Tcstium.
leg. xi. Hi qui sanctam fidem prodiderint, vt sacrum baptisniti profanarint, a
consorlio omnium scgiegati, sint a testimoniis alieni, &c. Idem repetitur
lib. xvi. tit. 7. D« Apostatis. leg. It.
CHAP, VI.] CHRISTIAN CHURCH. 203
two distinct titles, declaring- the proper qualifications of
witnesses; yet he thinks in both places it is to he under-
stood of apostates only, and not of heretics. But it is cer-
tain, in Justinian's Code,' this same law is applied to here-
tics, rendering- them incapable of giving* evidence. And
Justinian made two laws of his own to confirm this sense of
the ancient law. In one of which, he says,^ " that whereas
the judges were at some doubt, whether they should admit
the testimony of heretics in determining- causes, he thus
resolved the matter for their instruction ; that where a Catho-
lic was concerned in any dispute, neither heretic nor Jew
should be allowed to give evidence, whether both parties
were Catholics, or only one: but in such causes, as Jews or
heretics had between themselves, the testimony of either
might indifferently be admitted, as fit witnesses for sucli
disputers : yet with an exception to all those, who were of
the mad sect of the Manichees, of which the Boiboritae were
a part, and all who still followed the pagan superstition:
also all Samaritans, and Montauists, and Tascodroofitse and
Ophitee, who differed not much from the Samaritans in the
likeness of their guilt ; all such are prohibited universally
either to give testimony, or to prosecute any action at law."
And he mentions and confirms this decree in one of his
Novels also,* But whether Justinian was the first, that
' Cod. Justin, lib. i. tit. vii. De Apostafis. leg. iii. Hi qui sanctam fidera
prodiderunt, et sanctum baptisiua haretica superstitione profanSrunt, a
consorlio omnium segrega^i, a testinioniis alieni sint
- Cod. Justin, tit. v. De Hsereticis. lib. i. leg. 21. Quoni ammulfi judices in
dirimendis litigiis nos interpeUaverunt, nostro indigentes oraculo, ut eis re-
ferretur, quid de testibus haereticis statuendum sit, utrumque aceipiantur
corum testimonia, an respuantur : sancimus, contra orthodoxos quidem liti-
gantes, nemini haretico, vel his etiani qui Judaicain superstitionem colunt,
esse in testimonio communioupm: sive utraque pars orthodoxa sit, sive al-
tera. Inter se autem lirereticis vel judffiis, ubi litigandum existimaverint,
concedimus foedns perniixtum, et dignos litigatoribus testes introducere :
exceptis scilicet his, quos vel Manichiacus furor, cujus partem et Borbori-
tasesse manifestum est vel Pagana superstitio detinet: Samaritis nihil onii-
nus, et qui illis non absimiles sunt, Montanistis, et Tascodrogitis, et Ophi-
tis ; quibus pro reatfis similitudine omnis legitimus actus interdictus est, &c.
* Novel, xlv. Ilsereticos perhibere testimonium prohibuimus, quando ortho-
doxi inter alterutros litigant, &c.
264 THE AATIQUITIES OF THE [bOOK XVl.
made this law in the State against heretics, as Gothofred
would have it, or not, is not very material : it is certain
there was such a rule in the Church long* before. For
St. Austin pleads it in behalf of one of his own presbyters,'
Secundinus of Germanicia, a place in his diocese : " against
a catholic presbyter we neither can nor ought to admit the
accusations of heretics." And so he says again, in the case
of Cecilian, bishop of Carthage, whom the Donatists accused
of many crimes : "neither piety, nor charity, nor truth,^
will allow the testimony cf those men against him, whom
we see to be out of the Church."' And long before him,
Athanasius pleaded the same in his own behalf:^ when he
was accused for suffering Macarius, one of his presbyters, to
break the communion cup, he urged, that his accusers were
Meletians, who ought not to be credited, being schismatics
and enemies both to him and the Cliurcli. A great many
such rules are collected by Gratian,* out of the Epistles of
the ancient popes, which, though they be spurious, yet they
are founded upon this known practice of the Church, that
the testimony of an lieretic was not to be received against a
Catholic in an ecclesiastical cause, which we have seen
fully evinced in the preceding allegations.
Sect. 12. — Sixthly, Ilerptics not allowed to succeed to any paternal
Inheritance.
The other thing here to be observed is, that by the laws
of the Church all men, or ecclesiastics at least, were obliged
to discourage heresy by denying obstinate defenders of it
such temporal benefits and privileges, as it was in their
power to deny them. Thus for instance the Council of Car-
' Aug. Ep. 212. ad Pancariura. Haereticorura accusationes contra catholi-
cuni presbyteruin adniittere nee possunius nee dobcmus.
* Ep, 1. ad Bonifiic. Ipsa pietas, Veritas, charitas, non permiUit contra Cse-
cilianum eorum hominuni admittere testimonia, quos in ecclesiTi non videmus.
■' Alhan. Apol. ud Constant, torn. i. p. 731. * Gratian. Caus. iii.
Quffibt. iv. et V.
CHAP. VI.] CHRISTIAN CHURCH. 2G.'J
tlino-c forbids the bishops and clcr<»-y toconfcr any donations
UjR)!! heretics, thou<:jh they be of their kindred, either by
^•ift or will." And the eivil law g-avc force to this decree,
by renderino- all heretics intestate, that is, incapable either
of disposing- of their own estates, or of receiving- any bo-
ncHt from the wills of others, as we have seen before, sect.
6. in speaking of the civil sanctions made against them.
Sect. 13.— Seventhly, No Heretic to have Promotion among the Clergy
after his return to the Chiircli.
Anotlicr hiw of this kind was that, which forbad the ordina-
tion of such as were either baptised in heresy, or fell away
after they had been baptised in catholic unity in the Church.
They were allowed to be received as penitent laymen, but
not to be promoted to any ecclesiastical dignity in any
order of the clerical function. But this was a piece of
discipline, that might be insisted on, or dispensed with and
waived, according as Church governors in prudence thought
most for the benefit and advantage of the Churcli. And
therefore though the Council of Eliberis,- and some others
insist upon this rule, yet the Council of Nice dispensed with
it in the case of the Novatians, and the African Fathers in
the case of the Donatists, to encourage those schismatics
to return to the unity of the Church, But I only just mention
this here, because I have more fully stated it on botli
sides, upon other occasions in the preceding parts of this
work,^ to which the reader may have recourse.
Sect. 14. — Eighthly, No one to be ordained, who kept any in his
Family, that were not of the Catholic Faith.
And there I have also noted another rule, which relates
' Con. Carth. iii. can. 13. Ut episcopi vel clerici, in eos qui catholici
Christian! non sunt, etiamsi consanguine! fuerint, nee per donationcs, nee
per testamentum, rerum suaruni aliquid conferant. Vid. Cod. African, can.
22. Et Con. Africanimi vulgo dictum, can. 48.
* Con. Eliber. can- li. ^ Book iv.chap. iii. sect. 12.
And Scholast. Hist, of Bapt. part ii. chap. iv.
266 THE ANTIQUITIES OF THE [BOOK XVI,
to the matter now in hand; which was, that no one should
be ordained bishop, presbyter, or deacon, who had not first
made all the members of his family Catholic Christians.
This is a rule we find in the third Council of Carthage,* where
St. Austin was present : and there is no question but that
it was chiefly designed against the Donatists, though it
equally affects all heretics, and Jews and Pagans, and all
who secretly by connivance gave any encourag'ement to
them : it being thought absurd to promote those to the go-
vernment of the Church, who had not zeal or interest enough
to secure the practice of true religion within the walls of
their own families. And the rule tending directly to discou-
rage heresy, I therefore mention it here as a branch of the
ancient discipline worthy our observation.
Sect. 15. — No one to bring liis Cause before an heretical Judge, under
Pain of Excommunication.
Neither can I pass over another rule of the fourth Council
of Carthage, which forbids Catholics to bring any cause,*
whether just or unjust, before an heretical judge, under
pain of excommunication. This does not indeed deprive
heretical judges of their ofiice, or render their decisions
null, when the State thinks fit to allow them, as it some-
times did under Constantius and Valens, and other heretical
Emperors. For the Church has no power in this case,
which belongs to the civil, and not the ecclesiastical power,
as has been shewn before.^ But the Church had power to
lay an injunction upon all her members, not to bring their
causes before an heretical judge, by a just analogy to that
rule of the Apostle, not to go to law before the unbelievers.
And this was one way to discountenance heresy in men of
the highest station : and for this reason we may suppose the
' Con. Cartli. iii. can. 18. — Ut episcopi, presbyteri, et diaconi non ordi-
nentur, priusquam omnes, qui sunt in dome eorum Christianos catholicos
fecerint. ' Con. Carth. iv. can. 87. Catholicus, qui
causam suam, sive juslam sive injustam, ad judicium alterius iideijudicis
provocat, excommunicetur. ' Chap, ii, sect, 6.
CHAP. VI.] CHRISTIAN CHURCH. 267
Church enjoined it, to give a check to heretics, by ohliginj":
Catholics to end their controversies among- themselves and
have no communication with heretics or unbelievers.
Sect. 16. — What Term of Penance imposed upon relenting Heretics.
We have hitherto considered the punishments laid upon
Iieretics continuing in their obstinacy and perverseness, and
bidding- defiance to the communion of the Church, We are
now to view the Church's discipline and behaviour toward
them, when they shewed any disposition to relent and return
to the unity of the faith. Now heresy being reckoned among
the greatest of crimes, a proportionable term of penance
was laid upon it. The Council of Eliberis* appoints ten
years penance for such as went over from the Catholic
Church to any heresy, if ever they returned and made con-
fession of their crime, before they should be admitted to
communion. Only an exception is made in the case of
infants, because their fault was not their own, but their
parents' : therefore they are ordered to be received without
any delay. The Council ofRome, under Felix,^ sets a more
particular mark upon bishops, presbyters, and deacons, who
suft'ered themselves to be rcbaptised by heretics, because
this was in effect to deny their Christianity, and own that
they were pagans. Such are denied communion even among-
the catechumens all their lives, and only allowed lay-com-
munion at the hour of death. Others are enjoined the
same penance,^ as the Council of Nice puts upon lapsers,
that is, twelve years, in the several stations of penitents,
unless they had the plea of necessity or fear, or danger to
' Con. Eliber. can. xxii. Si quis de catholic^ ecclesiCi ad hscresim tran-
situm fecerit, rursusque ad ecclesiam recurrerit — decern annis agat poeniten-
tiam, cui post decern annos prsestari communio debet. Si vero infantes fue-
rint transducti, quia non suo vitio peccaverint, incunctanter recipi debent.
' Con. Rom. an. 487. can. ii. Ad exitus sui diem in PcDnitentiCi (sui resi-
piscunt jacereconveniet : nee orationi non modo fidelium, sed nee catechu-
menorum oranimodis interesse, quibus communio laica tantum in morte red-
denda est. * Ibid can. ill.
268 THE ANTIQUITIES OF THE [bOOK XVI.
excuse tliem. But if they were children,' their ig-norance
and immaturity was a more reasonable plea to shorten their
penance, and restore them more speedily to communion.
The Council of x\gde^ contracted this term of penance uni-
versally for all such lapsers into heresy, reducing" it to the
terms of three years only. For though the ancient canons
imposed a longer penance, yet they saw g"ood reason to
relax this severity, and make the conditions of reconciliation
a little easier. The Council of Epone repeats and confirms
this decree,^ with a little various reading- of one clause, w hich
reduces the term of penance to two years only.
Sect. 17. — How this varied according to the Age and State and Con-
dition of several Sorts of Heretics.
It appears from some of the forementioned canons, that
a g-roat difference was made in the term of penance imposed
upon heretics, with respect to the ag-e of the offenders.
Children were more favourably dealt with, by reason of
their ignorance and want of mature judgment, than adult
persons. And we may observe the same difference made in
many other cases of the like nature. They, who were bap-
tised and educated in the Catholic faith, weie more severely
treated, if after that they deserted the Church, and fell into
heresy, and especially such heresies as required them to
take a new baptism. The foresaid canons chiefly respect
deserters ; and particularly that of Felix in the Roman
Council, such as were rebaptised in heresy: concerning
which both the civil and ecclesiastical laws speak with great
' Con. Rom. an. 487. can. 4. Piieris autem, quibus ignorantia siiffiagatur
statis, aliquandiu sub raanus imposilione deteiitis, rediienda conimunio
est : Nee eorum expcctanda ptrnilentia, quos excipit :i cocrcitlone censiira.
' Con. Agathen. can. Ix. Lajisis, id est, qui in catholic^ fide baplizati sunt,
si pra?varicatione damnablli post in haresim tiansiorint, grandem redeundi
difficultatem sanxit antiquitas. Quibus nos, aiinorum multitudine breviatft
poenitentiani biennii iinponinius, ut priESCiipto biennio, ttitio sine relaxa-
tionc .iejuncnt, ct ccclcsiam studeant froquintare, &c.
' Con. Kpaunen. can. y*). Pia-scripto biennio tirtifi die sine dilulione je-
junent, &c.
OIUP. VI. J CHRISTIAN CimilCH. 2G9
iiuli«;nation and severity ; the one conlisttitlng- the i^oods of
all rebaptisers, and Uunishlng- their persons ; and the other
retjuirinf^" the rebaptised to go throug-h a long- course of
penance in order to their re-admission to the conirnnnion of
the Church again ; of which the reader may find a more
ani[)le account in a former book,* under the proper titles of re-
baptisation. Whereas they, that were born and l)red and
baptised originally amotig heretics, had more favouralde
allowances made them, with respect to their difficult circum-
stances, and g'reat prejudices naturally arising- thence.
This is expressly said by St. Austin,^ in one of iiis Epistles
to a Donatist bishop : " The Church has one way of treat-
ing those, who desert her, if ever they repent ; and another
way of treating- those, who were never before in her bosom,
till they come to beg- her peace : she humbles the former
by a severer discipline, but receives the latter more gently,
loving both, and ministering- to the cure of both with the
charity and affection of a mother." So again, in his Book
of One Baptism,^ ag'ainst Petalian, " We observe this dis-
tinction, to humble those, who were once in the Catholic
Church, and afterward desert it, with a severer penance,
than those, who were never in it. Neither do we admit
them into the clergy, whether they were rebaptised by thern,
or run over to them, or were clergymen or laymen among
them." This distinction was particularly observed by the
African synod, with relation to such persons, as were baptised
in their infancy among the Donatists: in the Council of
Carthage, Anno 397, which is inserted into the African Code,*
a proposal w as made, that such, as had been baptised among
' Book xii. chap. v. sect. 7.
' Aug. Ep. xlviii. ad Vincentium. p. 73. Aliter tractat illos, qui earn de-
serunt, si hoc ipsuni pocnitendo corrigant ; aliter illos qui in efi nonduin fue-
runt, et tunc primum ejus pacein accipiuat; illos aniplius humilitando, istos
lenius suscipiendo, utrosque diligendo, utrisque sanandis maternfi cliaritate
serviendo. - a Aug. de Unico Bapt. cap. xii. Nee illud
sine distinctione prceterimus, ut humiliorcm agant pocniteutiani qui jam
fideles ecclesiam catholicam deseruerunt, quara qui in ilia nondum fuerunt.
Ncc ad clericatum admiltuntur, sive ab Thrreticis rebaplizati siiit, jive piius
suscepti ad illos redieiint, sivc apud illos clcrici vcl laici luerinl.
* Cod. African, can. xlviii.
270 THE ANTIQUITIES OF THE [BOOK XVI.
the Donatists, in their infancy, by their parents' fault, with-
out their own knowledge and consent, should upon their
return to the Church be allowed the privileg-e of ordination :
and in the next Council the proposal was accepted,'
and a decree passed accordingly in favour of them. The
Council of Nice granted the same indulgence to the
Novatian clerg-y f but we rarely find any of those, who de-
serted the Church, in which they had been baptised, allow-
ed this privileg-e ; the law s being" more peremptory against
them, to debar them from ail clerical dignity, and only re-
ceive them as private Christians to lay communion.
Sect. 18. — Heresiarchs more severely treated than their Followers.
Yet considerations of prudence sometimes obliged the
Church to dispense with those laws also, and receive even
deserters, in some cases, to clerical dignity again ; of which
I have ofiven some instances in a former book.^ But then
she always set a mark of infamy upon heresiarchs, or first
founders of heresy, making a distinction between them and
those, that followed them ; allowing the one sometimes to
continue in the clerical function upon their repentance, but
commonly degrading the other without hopes of restitutiou.
St. Austin takes notice of this difference in the case of the
Donatists : he says,* " the Church of Afric observed this
moderation from the beginning toward them, according to
the decree made by those in the Roman Church, who were
appointed to judge and decide the dispute between Cecilian,
and the party of Donatus : they condemned only Donatus,
who was proved to be the author of the schism ; but or-
dered the rest to be received in their clerical honours upon
' Cod. African, can. Iviii. ' Con. Nic. cau.viii.
3 Book iv. chap. vii. sect. 7 and 8. * Aug. Ep. 30. ad
Bonifac. p. 87. Hoc ersra istos ab initio servavit Africa Catholica, ex
episcoporuin sententia qui in Ecclesia Ronianfi inter Cecilianum et partem
Donati judicaverunt, damnatoque uno quodara Donato, qui author schismatis
fuisse manifestatus est, cteteros correcfos, eliamsi extra ecclesiam ordinati
essent, in suis honoribus suscipiendos essecensuerunt.
CHAP. VI.] CHRISTIAN CHURCH. 271
their repentance, although they were ordained out of the
Catholic Church."
Sect. 19. — And voluntary Deserters more severely, than they, who com-
plied only out of Fear.
Another distinction was made, as in the case of hipsers
into idolatry, between such heretics, as voluntarily deserted
the Church out of choice, and those, who complied with he-
retical errors only by force and compulsion, beino- terrified
into them by the violence of some persecution. In this
latter case, l)ishops were allowed to moderate their penance,
as the circumstances of the matter seemed to require. As
appears from the direction,^ given by Pope Leo to the bishop
of Aquileia, concerning the penance of such as were com-
pelled by fear and violence offered to them by certain here-
tics, to submit to a second baptism : they were to be put
under penance, he says, for some time, but a moderation
was to be used in the term of it, according to the bishop's
discretion.
Sect. 20. — A Difference made between such Heretics, as retained the
Form of Baptism, and such, as rejected or corrupted it.
Another difference was made between such heretics, as
retained the due form of baptism, and those, who wholly re-
jected it, or corrupted it in any essential part. The former
were to be received only by imposition of hands, confessing
their error, as having received a true baptism, though out of
the Church before ; but the others were to be received only
as heathens, having never been truly baptised, and there-
fore were obliged to receive a new baptism to make them
members of the Church. Of which, because I have given a
full account elsewhere,^ I need say no more in this place
' Leo ep. 77. ad Nicetam. cap. vi. Qui ad iterandum baptismum vel
raetu coacti sunt, vel terrore traducti, his ea custodienda est raoderatio, quS
in societatem nostram non nisi per pcenitentiaa remedium et per impositionem
episcopalis manfls coramunionis rccipiant unitatem, temporis pcenitudinis
habitaraoderatione, tuo constituenda judicio, &c. '^ Book xi.
chap. 2, and 3. And Scholast. Hist, of Bapt. part i. chap. i. sect. 20, &c.
272 THE ANTIQUITIES OF THE [bOOK XVI.
Sect. 21. — No one to be reputed a form-.il Heretic, before lie contuma-
ciously resisted the Admonition of the thurch.
Finally, they made some distinction between-such here-
tics, as contumaciously resisted the admonitions of the
Church, and such as never had any admonition aiven them,
or amended quietly upon tho first admonition. Men might
entertain very dangerous errors, but till the Church had
given them a first and second admonition, according' to the
Apostle's rule, they were not reputed formal heretics, nor
treated as such, till they joined contumacy, to their error.
St. Austin puts the case thus between two men,' who are
equally involved in the error of Photinianism, denying the
divinity of Christ ; but the one is baptised in heresy, out of
the communion of the Catholic Church ; the other is bap-
tised in the Catholic Church, having the same error, ivhich
he believes to be the Catholic faith : " I do not yet call this
man an heretic, unless, when the doctrine of the Catholic
faith is declared to him, he chuses rather to resist it, and hold
to his former opinion: before he does this, he, that is bap-
tised out of the Church, is plainly the worse of tho two.
But that man is worse than both the former, who knowing
this opinion, which he holds, only to be taught among he-
retics divided from the Church, yet for some secular end and
advantage chuses to be baptised in the Church, and conti-
nue in it after baptism : this man is not only to be accounted
a separatist, but so much the more wicked one, for adding
heresy to his error, and dissimulation and hypocrisy to the
division of the faith." In another place, he says,^ " they
' Aug. de Bapt. lib. iv. cap. 16. Constituaraus duos aliquos isto raodo,
unum corum, verbi gratia, id sentire de Christo quod Photinus opinatu.s est
et in ejus iiaresl baptizari extra ecclosiie catholicaj comnumionem : aliuni
vero hoc idem sentire, sed in catholicfi baptizari, existimantera istam esse
catholicani tideni. Istum noiuluni lucreticum dico, nisi manifestatS sibi.
doctrina catholica^ fidei resistere nialuerit, et illud quod tenebat elegerit ;
quod antequiim fiat, manifestum est ilium qui foris baplizatus est esse pe-
jorem, &c. ' De Civ. Dei. lib. xviii. cap. 51. Qui in
ecclesia Christ! tporbi dum aliquitl pravuuwiue sapiunt, si correpti ut sanuiri
CHAP. M.] CHRISTIAN OMIUCII. 273
are properly liorotics, who, when they arc reproved for their
unsound opinions, contumaciously resist ; and instead of
correcting- tiieir pernicious and damnahie doctrines, per-
sist in the defence of th(Mn, and leave the Church, and he-
come her enemies. But they, who defend not their opinion,
though false and perverse,' with any pertinacious animosity,
especially if they were not the first broachers of it, but re-
ceived it from the seduction of their parents, and were care-
ful in their inquiries after truth, being- ready to embrace it
when they found it ; tl.ey were not to be reckoned among-
heretics,'" And with much stronger reason, we have lieard
him say before,^ " that a man, who, in extreme necessity,
received baptism from heretics, when he could not have a
catholic to administer it to him, was in no fault, because
his mind and will was still united to the Catholic Church.
From all wliich it is easy to discern, how great a difference
they made in the degrees of heresy and its guilt, and how
the discipline of the Cliurch was managed in a great mea-
sure according to these distinctions.
Sect. 22. — The like Distinctions observed in inflicting ttie Censures of
tlie Church upon Scliismatics, according- to the different Nature and va-
rious Degrees of tiieir Schism.
I have already shewn,^ that a like discrimination was
made between schismatics of different kinds, and that the
censures of the Church were inflicted on them only in pro-
portion to the quality of their offence, observing- the differ-
ent nature and various degrees of their separation or schism.
Some only absented from Church, for a short time, suppose
two or three Lord's days successively, without any justi-
fiable reason for it : and it was thought sufficient to correct
such by a moderate punishment of as many weeks suspen-
rectumque sapiant, resistunt contumaciter; suaque pestifera et mortifera dog-
mata emendare nolunt, sed defen«are persistant, hzeretici fiunt et foras exe-
iintes, habentur in exercentibus inimicis.
' Ep. I(i2. p. 277. See this cited before, cliup. i. sect. 16.
- Aug. de Bapt. lib. i, cap. 2. lib. vi. cap 5. lib. vii. cap. 52. Sec before
chap. i. sect. 4. s jj^^j^ j^^j chap, j, sect.rj.
VOL. VI. T
274 THE ANIIQUITIES OF THE [bOOK XV[.
sion. Others attended some part of the service, suppose
the sermon, and the psalmody, and the first prayers for the
catechumens ; but then withdrew, as if they had been
penitents, when the service of the faithful or the communion
office came on, and the eucharist was to be offered and re-
ceived by all, that were not for some fault excluded from it :
and these, as g-reater criminals, were denied the privilege of
making- any oblations, and excluded for some time from all
other holy offices of the Church, A third sort of separa-
tists, which arc most properly called schismatics, were such
as withdrew totally and universally from the communion of
the Church ; pretending* that her communion was polluted
and profane by the mixture of sinners ; or tinding" out other
such reasons to charge her with sinful terms of commu-
nion, and justify their own separation by many the like pre-
tences, of which the liistory of the Novatians and Donatists
affords many instances. Now, against these the Church
commonly proceeded more severely, using the highest cen-
sure of excommunication or anathema, as against more pro-
fessed and formal schismatics, and destroyers of that invio-
lable unity and peace, which ought to be most sacredly
preserved in the body of Christ. Of all which schismatics
and their punishments, because 1 have spoken particularly
before in discoursing of the unity of the Church, I need say
no more in this place, but proceed to another crime, that of
sacrilejre, which comes next in order to be considered.
Sect. 23. — Of Sacrilege, particularly of diverting Things appropriated
to sacred Uses, to other Purposes.
The Roman casuists are wont to call many things sacri-
ieoe,' which the Ancients reckoned no crimes at all: as the
laying taxes or tribute upon ecclesiastics by the civil power,
without the consent of the pope, for which secular princes
are excommunicated by the famous bull in " Coend Domini,^''
as they call it: and the bringing ecclesiastical persons for
any crime before the secular tribunals. Some other things
' Vid. Lessius de Jure. lib. ii. cap. 43. Dubitat. 3, and 4,
CHAP. VI.] CIIKISTIAN CIIUROII. 275
they brand with tho odious name of sacrileg-e, which many
of the Ancients reckoned to be virtues, and instances of" zeiil
and piety towards God: as the removing* of images out of
all places of divine worship; for which the Council of Eit-
beris, and Epiphanius, and many others, were so remark-
able in ancient history, who yet, if we were to speak in the
style and language of these modern casuists, were to be
reckoned g'uilty of tlie horrid sin of sacrilege. Since there-
fore the matter stood thus, we are not to expect to find any
punisiimonts in the penitential discipline of the ancient
Church, allotted to such mere preiended crimes and imagi-
nary vices. But aoainst real sacrileoe none could be more
zealous than the Ancients. Particularly against diverting"
any thing to private use, which was given to the public ser-
vice of the Church. " If any one,'' say the apostolical
canons,* " either of the clergy or laity take wax or oil out
of the Church, let him he cast out of communion, and
make restitution with tlie addition of a fifth part." And
again,^ " Let no one divert to his own use any of the sacred
utensils of gold, or silver, or linen ; for it is a flagitious
thing': and if any one be apprehended so doing, let him be
excommunicated," So likewise in the fourth Council of
Carthage,^ " let those, who deny the Church such oblations
as are g'ivenby the dead, or give them not without difficulty,
be excommunicated as murderers of the poor." xA.nd the
second Council of Vaison,* " They, vvho detain the oblations
and refuse to give them to the Church, are to be cast out
of the Church as infidels ; for such a provocation of God
is a denying of the faith: both the faithful, vvho are gone
out of the body, are defrauded of tho plenitude of their
' Canon. Apost. 72. * ihi^, ^an. 73. ^ Con.
Carth. iv. can. 95. Qui oblationes defunctoruin aut negant ecclesiis, aut
cum difliciiltate reddunt, tanquam egentium necatores, exconmuinicentur.
* Con. Vasensc. ii. can. 4. Qui oblationes defunctorum retinent, et eccle-
f.iis tradere demorantur, lit infideles sunt ab ecclesia abjiciendi: quia usque
ad inanitioneni tidei pervenire cerium est banc pietatis diviuiE exacerbationeiu ;
quia et fideles de coipore recedentes fraudantur votorum snorum plenitu-
dine, et pauperes consolatu, alimonise et necessariS. substentatione fraudan-
tur. Hi enini tales quasi egentiuni necatores, nee credentes judicium Dei
habendi sunt. Unde et quidam patrum ait, amico quidpiam rapere, furtum
est ; ecclesiam vero fraudare, sacrilegium. Hieron. Ep. ii. ad Nepotian.
T 2
276 THE ANTIQUITIES OF THE [BOOK XVI,
VOWS, and the poor also of the comfort of their food and
necessary subsistence. Such arc to be esteemed murderers
of the poor, and infidels with respect to the judgrnent of
God." Whence one of the Fathers says, " To take from a
friend, is theft ; but to defraud the Church, is sacrilege."
This i'^ cited from St. Jerom. And St. Ambrose goes a lit-
tle further, and says,' " They, who g-ive their own estates to
the Church, and then in a fickle humour retract, and revoke
them ao-ain, hke A ianias and Sapphira, lose the reward both
of their first and second action : the first act is void of judg-
ment, and the second is downright sacrilege." Therefore
whether a man retracted what he himself had given to the
Church, or detained what was given by others, or robbed
her of what she was actually possessed of, it was all the
same species of sacrilege, and the canons equally punish
them all with the same sentence of excommunication f re-
ducing clergymen, when found guilty of this crime, to the
communion of strangers, which was a punishment peculiar
to them, of wliich more hereafter. I have already shewn
in a former Book,^ that for this reason bishops, who were
intrusted with the goods and revenues of the Church, were
not allowed to alienate any part of them, except it were in
great necessity, to relieve the poor, or redeem captives ; in
which case, St. Ambrose himself, and many others, disposed
of the plate of the altar, and the vessels and utensils be-
lonc'inir to the Church; thinking- it better . that the inani-
mate temples of God should want their ornaments, than that
his living temples should perish for want of relief. This
was not sacrilege in the eye of the law, either ecclesiasti-
cal or civil, but an act of mercy allowed by both : for the
laws against sacrilege, next to the honour of God, had al-
' Ainbros. de Poenitent. lib. ii. cap. P. Sunt, qui opes suas tuniultuario
mentis impulsu, non judicio pcrpetuo, ubi ecclesia; coiituleruiit, postea revo-
candas putaveiiint. Quibis luc prima inerces rata est. nee secunda • quia
nee prima judicium habuit et secunda liabuit sacrilegiura.
» Vid. Con. Agath. can. 4, 5, 6. Con. Turon. ii. can. -2\. Con. Arclat. ii.
can. 28. * Book v. chap. vi. sect. 6 and 7.
CHAP. VI.] CHRISTIAN CHURCH. 277
ways a view to the necessities of the poor: and there-
fore as this practice tenck-d to relieve them in ^reat ex-
igencies, it was just the reverse of that inhuman sacri-
lege, which the Ancients called murdering the poor, against
^vhich so many severe laws were made to abolish and cor-
rect it.
Sect. 2i. — Of Sacrilege conimitled in robbing of Graves.
Another great crime of near a-kin to the former, which
was sometimes condemned and punished under the name of
sacrilege, was robbing' of graves, or defacing" and spoiling-
the monuments of the dead. Tliese were always esteemed
a sort of sacred repositories, and inviolable sanctuaries even
by the very heathen, as appears from the Edict of Julian,*
and what Gothofred^ has collected at large out of the old
laws and heathen writers upon the subject. And the vio-
lation of them was always esteemed a piacular crime, and
sometimes punished with death. The imperial laws made
it capital, and therefore when the Christian Emperors at
Easter granted their indulgence or pardon to criminals
in prison/ they still excepted robbers of graves among-
those other flagitious criminals, which were to have no be-
nefit from their indulgence, as has been shewn before,* in
speaking of those called Atrocia Crimina, great and capi-
tal crimes. That, which tempted men to commit this
wickedness, was, that often riches and jewels were buried
with the dead, and fine marble pillars and statutes, orna-
ments and monuments were erected over their graves ;
all which became spoil and plunder to such as were
impiously and sacrilegiously disposed to invade them.
Now as the imperial laws prosecuted such criminals
with suitable punishments, fines, tortures, transporta-
tion, and death : so the ecclesiastical laws pursued them
with spiritual penalties, agreeable to her spiritual reg-imen
* Cod. Theod. lib. ix. tit. 17. De Sepulchris Violatis. leg. v.
^ Gothofr. in leg. ii. ibid. ^ Cod. Theod. de Indulgentiis Cri-
niinum. lib. ix. tit. 38. leg. ill. iv. vii. viii. Valentin. Novel, v. de Sepulchr.
* Chap. iv. sect. 2.
I
278 T[!E ANTIQUiTIFS OF THE [BOOK XVI.
tand jiinsdic-tion. Groo-oiy Nvssen says,' " The holy fathers
teach us to place the violation of burial places among those
sins, which are to be expiated by public penance." But he
distinguishes two degrees of this crime, the one punishable
by ecclesiastical censure, the other not so. For if any one
took the stones or materials, which are usually cast up be-
fore the burial places of the dead, and applied them to some
other useful purpose, without exposing- the corps to the air
or light, or offering- any abuse or injury to it: though this
was not commendable or allowable ; for indeed the civil
laws absolutely forbad it,^ as was said before: vet custom
however exempted this from any public punishment in the
Church, because there was some benefit in it by an applica-
tion of the materials to a more useful purpose; and as
Gcthofred also observes,^ " there was somctliing of seeming
zeal in ij, to demolish the heathen altars and images, which
were often erected at the graves of pag-ans." But then, as
Gregory adds, there was another degree of this crime,
which was more horrible, when men raked into the ashes of
tlie dead, and disturbed their bones, in pursuit of treasure,
cloths or other ornaments, that might be buried with
them : and this, he says, was punished with the same term
of penance as simple fornication, tliat is, nine years in the
several stations of repentance. The fourth Council of
Toledo makes it a double punishment for any clergyman
to be guilty of this crime :* " if any clerk is apprehended
demolishing sepulchres, for as much as this is a crime of
sacrilege punishable with death by the public la^vs, he
ought by the canons to be deposed from his orders, and
after that do three years penance for such his transgression.""
The reader that pleases may see elegant invectives against
this crime in Sidonius Apollinaris* and St. Chrysostom,''
' Nyss. Ep. Canon, ad I.etoium. can. vi. et. vii. "* Cod. Theod.
lib. ix. tit. 17. do Sepulchiis Vlolatis. leg. i, ii, iii.
» Golhofr. in leg. v. ibid. p. 145. ' Con. Tolet. iv. can. 45. Si
quis cleiicus in dcmolicndis sepulchris fuerit doprchensus, quia faoiniis hoc
pro sacrilcgio Icgibus publicis sanguine vindicatur: oporlet canonibus in
tali scelere prodiluni, a clericatus ordine submoveri, ot pcnnitentise triennio
dcputari. '' Sidon. lib. iii. Ep. xii. * Chrys. Horn. xxxv.
in 1 (or. p. fi.
CHAP. VI.] CHRISTIAN CHUHCH. 270
who justly lopreseiit if, as one of tlic most unnatuial and
inluiman l)arl)arities tliat can ha oflercd to the nature of
man, because the dead are altogether innocent and passive,
and in a condition to excite pity and compassion only;
being- destitute and without ability to resist or right them-
selves against invaders.
Sect. 25.— The Sacrilege of the ancient Traditores, who delivered up their
Bibles and holy Utensils to the Heathen to be burnt.
Another sort of men, who were anciently accused and
condemned as sacrilegious persons, were those, whom they
commonly called Traditores, for delivering up their Bibles,
and other sacred utensils of the Church to the heathen to
be burnt, in the time of the Diocletian persecution. The
first Council of Arles,i \^q\^ immediately after the persecu-
tion, makes it deposition from his order for any clergyman,
who could be convicted by the public acts of this crime,
either of betraying the Scriptures, or any of the holy vessels,
or the names of his brethren to the persecutors. The
Donatists frequently, but falsely, objected this crime to
Cecilian, bishop of Carthage, and those, that ordained him,
that they were Traditores : upon which St. Austin tells
them,2 that if they could evidently make good the charge,
the Catholics would not scruple to anathematise them after
death. But the truth of the matter was, these very objec-
tors were Traditores themselves, though they had the impu-
dence to absolve one another, while they threw the charge
upon innocent men, as Optatus^ and St. Austin* shew out
of the Acts of their own Council of Cirta, where they acted
this comedy, which stood as a witness against them.
» Con. Arelat. i. can. 13. Dc his, qui Scripturas Sanctas tradidisse dicun-
tur, vel vasa dominica, vel nomina fratrum suoruni, placuit nobis, ut quicun-
que eorum in actis publicis fuerit detectus, non verbis nudis, ab ordine cleri
amoveatur. * Aug. Ep. 1. ad Bonifac. Ep 152. ad Donatistas.
' Optat. lib. i. p. 39. * Aug. cont. Crescon. lib. iii. cap. 27, &c.
2S0 THK ANTIQUITIES OF THE [iJOOK XVI,
Sect. '26. — Tlie Sacrilege dI" profaning the Sacraments, and Churches, and
Altars, and the Holy Scriptures, &c.
Neither was this the only saerilcg-e the Donatists were
guihy of, but they and their accompUces stand charged with
many others. Optatiis objects to them their breaking- and
burning- the comnninion tables,' which they found in the
cathohc churches. And their nrofanin": the holv sacrament
in a most vile manner, of wliich he gives a most remarkable
instance : some of the Donatist bishops in their mad zeal
ordered the eucharist, which they found in tlie catholic
churches, to be thrown to the dogs, but not without an im-
mediate sig-n of divine vengeance upon them : for the dog-s,
instead of devouring- the elements, fell upon their masters,
as if they had never known them, and tore them to pieces,
as robbers, and profaners of the holy body of Christ : which
makes Optatus put them in mind of that admonition of our
Saviour,^ " Givenot that, which is holy unto the dog-s, nei-
ther cast ye your pearls before swine, lest they trample
them under their feet, and turn again and rend you." It
was a like profanation of the holy eucharist, which
Cornelius charges upon Novatian,^ when he obliged his par-
tizans, instead of saying- Amen, at the reception of it, to
swear by the body and blood of Christ, that they would
never desert his party, nor return to Cornelius. It was also
reckoned a piece of sacrileg-e to g'ive the catholic churches
to heretics, in which St. Ambrose stoutly opposed the
younger V'alentinian, when he sent him an order to deliver up
one of the churches of Milan to the Arians : he returned him
this courageous answer: " those things,* which are God's,
are not subject to the emperor's power. If my patrimony-
is demanded, you may invade it ; if my body, I will offer it
of my own accord. I will not lly to the altar and supplicate
for life, but more joyfully sacrifice my life for the altar."
There are some instances of men turning- Churches into*
' Optat. lib. vi. p. 94 ct 9.3. * Lib. ii. p. 55.
'' Cornel. Kp. ad Fabiuni. ap. Eiiseb. lib. vi. cap. 13.
' Aiubros. Ep. .vxxiii. ad Marccllin. do Tradondis Rasilicis.
' Vid. Baron, an. 572. p. 575. Dc Charibcrto Keirc.
CHAP. VI.] CHKISTIAN CHURCH. 281
staliles : hut as these were very iibominahle, so there were
l)Mt low, that fell into such prothgious profanations. We
may reckon also all sorts of idolatry, and divination, and
magic, and (lie abuse of Scriptures, for lots and charms and
anui.'ets among- the species of sacrilege, as some of the
ancient Councils do:' but I have spoken fully of these
under former heads, and therefore there is no occasion here
to repeat them. I only add, that to molest or hinder a
clergyman in tl»e [lerformance of his jjroper office by avo-
cation to other business, and laying' him under a necessity
of following- otlier employments, inconsistent with the duties
of his proper station and function, is, in the civil law, called
sacrilege, Constantino in his first settlement of religion
made a law,^ " that they, who ministered in the service of
God, should be excused from all personal duties in the
state ; that the sacrileg-ious envy of some, who gave them
disturbance, mioht not withdraw them from the service of
reliaion.'" And ao-reeable to the tenor of this law, we find
a rule of the Church as ancient as St. Cyprian, that no one
should employ a clergyman in the business of a secular trust,^
to be a guardian or curator of his worldly concerns by his
last will and testament, under the penalty of excommunica-
tion, or having- his name blotted out of the Diptychs of the
Church after death.
There are abundance of laws in the Theodosian Code,
beside that of Constantino, settling- great privileges, exemp-
tions, and immunities upon the clergy, in regard to their
office ; as also upon churches, in regard to the respect and
veneration, that is due to them, as the houses of God and
places of divine worship: upon which account they were
made sanctuaries or places of refuge for men in certain pro-
per eases, whence they might not be taken by violence,
without the imputation of a sort of sacrilege fixed on the in-
' Con. Toletan. iv. can. 28. « Cod. Thood. lib. xvi.tit. ii. de
Episc. et Cler. leg. ii. Qui divino cuUiii niinisteria leligionis impendunt, id
est, hi qui clerici appellantur, ab oniiiibiis omnino nuiueribus excusentiir: ne
sacrilego livore quorundam a divinis obsequiis avocentur. \ id. leg. vii.ibid.
* Cypr. Kp. Ixvi. al. i. adClcr. Fuiiiilan. p. 3.
282 THE ANTIQUITIES OF THE [bOOK XVI.
vaders. But of all these privileges and immunities, I have
had occasion to discourse at large before,^ in speaking of
Churches and the clergy, and therefore need not here re-
peat them ; but only mention a law of Honorius,^ which
expressly charg'cs tlie crime of sacrilege upon all such, as
offered any injury or affront (o ministers oflieiating in the
Church, or to the service itself, or to the place : ordering
all such criminals to be notified by public officers, not wai-
ting for the bishop's accusation of them, to the governor of
the province, who was to proceed against them, and con-
demn them with the punishment of capital offenders.
Sect. 27. — The Sacrilege of depriving Men of the Us? of the Scripture,
and the \>'ord of God, and the Sacraments, particularly of the Cup in the
Lord's Supper.
There is one species of sacrilege more, which the casuists
of the Romish Church for a good reason never mention : that
is, the grand sticrilege of their own Church in depriving men
of the use of the Holy Scriptures, and the cup in the Lord's
supper, both which, with unparalleled magisterial authority,
are sacrilegiously and injuriously taken from them. That
the Ancients reckoned it the sin of sacrilege to divide the
communion without reason, and deny men the use of the
cup, needs no other proof at present, but the testimony of
Gelasius, one of their own popes, which is still e.\tant in
their canon law,^ in the words of the followinor decree :
" VVe understand there are some, who receive only a por-
' Book. V. cliap. iii. book. viii. chap. xi. * Cod. Theod. lib. xvi.
tit. ii. de Episc. leg. 31. Si quis in hoc genus sacrilegii proruporit, in ec-
clesias catholicas irruens, sacerdotibus et ministris, vel ipsi cultui, locoque
aliquid importet injuriae provinciae moderator, sacerdotum et catholics
ecclesiae ministrorum, loci quoque ipsius, et divini cultfls injuriam, capitali
in convictos sive eonfessos reos sententia noveril vindicandum. Necexpec-
tet ut episcopus injuria proprise ultionem deposcat, cui sauctitas ignoscendi
solum gloriam dereliquit, &c. * Gelas. ap. Gratian. De Consecrat.
dist. ii. cap. 12. Compcrimus autem, quod quidara sunipta tantunimodo
corporis sacri portione, a calice sacri cruoris abstineant. Qui proculdubio
(quoniara nescio qua supcrstitione doccntur obslringi) aut Integra sacramenta
pcrcipiant, aut ab integris arccantur: quia divisio unius ejusdeni*[Ui' mystcrii
sine 2>'andi sacrilegio non potest provenire.
CHAV. VI. J CHRISTIAN ciirucii. 28-?
tion of the holy body, and abstain from the cup of the holy
blood. Who doubtless, being- bound by sonne vain super-
stition, onoht either to receive the whole sacrament, or
to be e.vcUuied from the whole: because one and the
same mystery cannot without g-rand sacrileg-e be divided."
Such sacrileoious dividers of the communion, are also con-
demned by Pope Leo,' and ordered to be excommunicated.
And they, wbo take the eucharist, and use it for any other
end besides conununicafing-, are censured by the first Coun-
cil of Toledo, can. \iv. and that of Casaraug-usta, can. iii.
as sacrilcg-ious also, deserving- to be banished the Church
with Anathema or excommunication. But of these, I have
discoursed more at large in a former book, see Book xv.
chap. iv. sect. 13. and chap. v. sect. 1. against communica-
ting in one kind.
There were many heretics in the ancient Church, who
were guilty of sacrilege in relation to the other sacrament
of baptism. Some rejected it wholly, others corrupted it in
the material part, and others in the form of words necessary
to the administration : of all which the reader may find a
large account in a former book,^ which particularly handles
the subject of baptism. But there were none, that ever pre-
sumed sacrilegiously to deny Christians their proper birth-
right, which is to read the Scriptures. Some heretics cor-
rupted them ; and others rejected such parcels of them, as
they thought most opposite to their peculiar notions: but
none, who allowed them to be the inspired writings and
oracles of the Holy Ghost, ever denied the people liberty to
search and examine them for their own instruction. This is
a piece of sacrilege peculiar to those later ag'es, which the
Ancients knew nothing of, and therefore had no occasion to
make canons or rules of discipline to correct it. There are
many exhortations to read the Scriptures ; but no orders to
keep them locked up in an unknown tongue, or to forbid
the people to use them upon any occasion. And the only-
reason, why there are no censures anciently to be found
Leo. Spr. iv. de Quadragesima. ' Book. ii. chap, ii, and iii.
2 81 THK ANTIQUITIES OF THE [BOOK XVI.
against this sort of sacrilege, is, because the sin itself was
utterly unknown to the primitive ages.
There was indeed sometimes a ne^jrleci in ig-norant or care-
less teachers in preaching the word of God to the people :
and this is censured by some laws even in the civil code,* as
a sacrilegious withdrawing from the people the necessary
food of their souls. But of this I need say no more in this
place, having fully represented the laws obliging bishops
and presbyters to be faithful and diligent in discharging this
part of their duty, while we were discoursing of preaching,^
and the usages relating to it, in the ancient Church.
There are some other things, which sometimes bear the
name of sacrilege ; but because they more properly belong
to other species of sin ; as breach of vows, to perjury 5 and
defilement of consecrated virgins, to fornication ; we will
consider the discipline and treatment of these and the like
offences, under their proper heads, and proceed to the last
sort of sin, which shews irreverence to God in the use of
sacred things, commonly called simony, which is also a
sort of sacrilege, because it sets spiritual and sacred things
to sale, which are not the subject of a secular contract.
Sect. 28, — Of Simony in buying and selling Spiritual Gifts.
This is commonly distinguished by the Ancients into
three sorts. 1. Buying and selling of spiritual gifts. 2.
Buying and selling of spiritual preferments. 3. Ambitious
usurpation, and sacrilegious intrusion into ecclesiastical
functions without any legal election or ordination. The
tirst sort was that, which most properly had the name of
simony from simon Magus, who pretended with money to
purchc>.se the gift of the Holy Ghost, And this was always
thought to be committed, when men either offered or re-
ceived money for ordinations. Which was a crime of a very
high nature, and always punished with the severest cen-
Cod. Theod, lib. xvi. tit. 2. de Episcopis. leg. xxv. Theodosi >I, Qui
divinse legis sanctitateni aut nesciendo confunduut, aut ncgligeiido violant et
oflVndunt, sacrilegium conimittunt. *' Book xiv. chap. iv. sect. 2.
CHAF. VI.] CHR1.ST1A^ CIILUCH. 28>
siires of the Cliurch. The Apostolical Canons,^ seem to
lay a double punishment, both deposition and cxconnmuni-
ca'tion, upon such of tiio clergy as were found guilty of
this crime:" if any bishop, presbyter, or deacon obtain this
dignily for money, both he lliat is ordained, and the ordainer
shall be deposed, and also cut off from all cofnmunion, as
Simon Magus was by Peter.'' The general Council of
Chalcedon has a canon to the same purpose/ " that if any
bishop gave an ordination, or any ecclesiastical office, or
preferment of any kind for money, he himself should lose
his office, and the party so preferred be deposed." The
same punishment is appointed in the second Council of
Orleans,-^ the second of Braga,* the fourth of Toledo,^ the
eleventh of Toledo," the Council of Constantinople, under
Gennadius,' the Decrees of Gelasius,^ Symmachus,^ Hor-
misdas,'" and Gregory the Great," St. Basil,'^ the second
Council of Nice," and the Council of Trullo.'* Particularly
the eight Council of Toledo,'^ makes it both degradation and
excommunication in every clerk so ordained. And also
punishes the receivers of simoniacal gifts with equal seve-
rity ; if clergymen, with the loss of their honour; if lay-
men, with perpetual excommunication to the hour of death.
And the Civil Law also provided in this case,'*"' to prevent
simoniacal ordinations, that both persons ordained, and also
their electors and ordainers should all take an oath, that
' Can. Apost. 29. KaaS^aipsio) K) avzbc Kf 6 x^'-porovrjcrac, ^ tKKOTrrsffQoi
iravTUiraai Hf Ti)g Koivujvia^, wq ^ifiwv o JNIayoc: iW t^s ll£7-p8.
' Con. Chalced. c. ii. * Con. Aurelian. ii. can 3, and 4. •
* Con. Bracar.ii. can. 3. * Con. Tolet. iv. can. 18.
® Con. Tolet. xi. can. 8. ' Con. C. P. Epist. Synod. Con.
torn. ir. p. 1025. ^ Gelas. Deciet. Ep. i. ad Episc. Lucanise
cap. xxvi. ' Symmach. Decret. cap. ii. '" Hor-
misd. Epist. ad Episc. Hispan. cap. ii. " Greg. lib. vii. Ep. 110.
'* Basil. Ep. Ixxvi. ad Episcopos. '* Con. Nic. ii. can. 5.
'• Con.Tiull. can. xxii. •* Con. Tolet. viii. can. 3. Qui-
cunque propter accipiendam sacerdotii dignitatem quodlibet praemium fue-
rit delectus obtulisse, ex eodem tempore se noverit anathematis opprobrio
condemnatum, atque a participatioue Christi corporis et sanguinis aliennm.
Illi vero qui hSc causa munerum acceptores extiterint ; si clerici fuerint,
honoris amissione mulctentur : Si laici, anathemate perpetuo condemnentur.
'8 Vid. Justin, Novel. 123. cap. i. Novel. 137. cap. ii.
286 THE ANTIQUITIES OF THE [bOOK XVI.
there was nothing- given or received, or so much as con-
tracted or promised for any such election or ordination.
And for any bishop to ordain another without observing' this
rule, is deposition by the same law, both for himself, and
him, that is so ordained by him.
The Ancients also reduce to this sort of simony, the ex-
acting- of any reward for administering- baptism, or the eu-
charist, or confirmation, or burying, or consecration of
Churches, or any the like spiritual offices, which were to be
administered freely without demanding- any reward. The
Council of Trullo, particularly forbids any clergyman to
require any thing for administering the eucharist:^ " for
grace is not to be set to sale, neither do we impart the sanc-
tification of the spirit for money, but give it without craft to
all, that are worthy. And he, that does otherwise, shall be
deposed as a follower of the wicked error of Simon Magus."
The eleventh Council of Toledo forbids not only the taking
of money for promotions to holy orders, but also for admi-
nistering baptism, or confirmation,- or chrism; and the bi-
shop, that connives at any of his clergy so doing, is ordered
to be excommunicated for two months : and if a presbyter
without his knowledge commits such offence, he is to be
excommunicated four months : a deacon three months ; and
those of the inferior orders, excommunicated at discretion.
There are several other ancient canons to the same purpose
in the Councils of Eliberis,^ and Braga,* and the decrees of
Gelasius,* which have been mentioned on another occasion,*'
where we treated of the proper methods of raising funds and
maintenance for the clergy, and need not here be re-
peated.
Sect. 29. — Of Simony in purchasing ecclesiastical Preferments.
But they did not only call that simony, which consisted
in trafficking for the gifts of the Holy Spirit, but also all
' Con. Trull, can. '23. « Con. Tolet. xi. can. 8.
* Con. Elib. can. 48. * Con. Bracar. Li. al. iii. can. 7.
* Gelas. Ep. al. 9. ad Kpisc. Lucan. cap. 7. * Book v. chap. iv.
sect. 14.
CHAI'. VI. j CllJUSTlAN CHURCH. 287
piuc'hases inado of the spiritual prefer monts of the Churcli
and all pionio(ions made witliout. just merit, out of mere
favour and alfection. The Couneil of Chalcedon, not only
threatens deposition to any liishop, that sets grace to sale
and ordains a bishop, or Chorepiscopus, or presbyter, or
deacon, ov any clerk for money -^ but also if he promotes an
(T^conomus or steivard, or an Ecclicus, that is, an advocate
or defensor, or a Paramonariiis, that is, a bailiff or steivard
of the lands, for his own filthy lucre. And both the clergy,
so ordained, are to be degraded; and the officers, so pro-
moted, to lose their places : and if any one be instrumental,
as a mediator, in such dishonourable and unlawful trafJic ;
if ho be a clerk, he is to be degraded; if a layman, or a
monk, to be anathematized. By the laws of Justinian,
every elector was to depose upon oath, that he did not
chuse the party elected either for any gift or promise, or
friendship, or any other cause, but only because he knew
him to be a man of the true Catholic faith, and unblame-
able life, and good learning. Gregory the Great says,*
'•' there were some, who took no reward of money for ordina-
tion, and yet were in some measure guilty of simony, be-
cause they gave holy orders for human favour, and thence
sought the reward of praise and favour among men. They
did not give freely what they had freely received, because
for giving an holy office they required the gift of favour.
For there were three sorts of bribes, one from obsequious-
ness, another from the hand, and another from the tongue.
That from obsequiousness was a servile subjection unduly
paid : that from the hand was money ; that from the tongue,
was favour." But whether this sort of simony made men
liable to ecclesiastical censure, he does not say, but only
speaks against it as a great corruption, from which they,
' Con. Chalced. can. ii. ^ Justin. Novel. 123. cap. i.
•"" Greg. Horn. ii. in Evangel. SuntnonnuUi qui quidem nummoruin praemia
ex ordinatione non accipiunt, et tamen sacros ordines pro humanfi gratia
largiuntur, atque de largitate eadem laudis solummodo retributionein quae-
runt. Ili niniiruin quod gratis acceptum est, gratis non tribuunt, quia de
impenso ofticio sanciitatis numinuni expetunt favoris.^ — Aliud munus est ab
obsequio, aliud munus a inanu, aliud munus a linguS, Munus quippe ab ob-
sequio est subjectio indebite impensa; munus k manu pecunia est; munus &.
lingua favor.
288 THE ANTIQUITIES OF THK [boOK XVI.
who give holy orders, ouglit to keep themselves free, ac-
cording to tliat of the prophet, Isa. wxiii. 15. "He that
shaketh his hands from holding of bribes."
Sect. 30.— Of Simony, in ambitious Usurpation of Holy Offices, and
Intrusion into other Men's Places and Preferments.
The last sort of simony was, when men by ambitious arts
and undue practices, by the favour and power of some great
or wealthy person, got themselves invested in any office or
preferment, to which they had no regular call or legal title,
or when they intruded themselves into other men's places,
which were legally filled before. This was the common
practice of schismatical and other ambitious spirits, who
would either thrust themselves irregularly into a vacant see,
or usurp upon one, that w^as already lawfully possessed and
held by another. Thus Novatian got himself clancularly
and simoniacally ordained to the bisho[)ric of Rome, to
which Cornelius had been legally ordained before him, as
Cyprian,' and others often complain. And so Majorinus
was ordained anti-bishop of Carthage, in opposition to Ce-
cilian, the legal bishop, by the help of Lucilla, a wealthy
woman, who spirited the faction, that was the first begin-
ning of the schism of the Donatists, as Optatus and St.
Austin at large inform us.' Now all such ordinations, being-
founded 01] ambition and usurpation, and generally obtained
either by force, or favour, or fraud, or bribery, were usually
vacated and declared null, and both the ordained and their
ordainers prosecuted as criminals by degradation and re-
duction to the state and communion of laymen : of uhich,
because I have given a full account of it in a former Book,*
will not stand to make any further proof in this place: but
only note, that it was equally a simoniacal crime for any
bishop, ambitiously to thrust himself irregularly into any
• Cypr. Ep. Hi. a. Jv. ad Anfonian. p. 104. Ep. xli. ot xlii. ad Cornel, el
Cornel, ap. Euseb. lib. vi. cap. 43. ' Optat. lib. i. p. 41, et42.
Aug.cont. Epist. Parnien. lib. i. cap. 3. * Scholast. Hist, of
Bapt. Part. ii. cliaj>. ii. and iv.
CHAV. VI.]
CHRISTIAN CHUUCH.
280
vacant see, or remove himself by any sinister arts from a
lessor see to a g-reater, in contempt and despite of the
rules prescribed by the Church in that case to be observed.
For as I have noted in speaking' formerly upon this subject,*
there were many severe laws made against bishops arbi-
trarily removing themselves from one see to another.
Thougli the translation of bishops was not absolutely and
universally forl)idden, because the Church had sometimes
occasion for this expedient : yet care was taken, that ambi-
tious spirits should not move themselves at pleasure, but
all translations were regularly to be made only by the au-
thority, consent, and approbation of a provincial council,
and to do otherwise was esteemed a crime of simoniacal am-
bition of the highest nature, as proceeding from avarice or
love of pre-eminence, and using irregular methods, briljery,
favour, and faction, to compass an end against the laws of
the Church. And therefore the ancient Canons of Nice,^
and Antioch, and those called Apostolical, not only barely
forbid and disallow this practice : but the Council of Sar-
dica,'^ finding- by experience that simple prohibitions were
not sufficient to repress it, and restrain aspiring men from it,
backed her injunctions with the highest censures, making
two very remarkable canons, which run in these words :
" That evil custom and pernicious corruption is by all
means to be rooted out, that no bishop have liberty to re-
move himself from a lesser city to another. For the reason
wh\ he does this, is plain ; seeing we never find a bishop
labouring to remove himself from a greater city to a less.
Whence it is manifest, that all such are inllanied with
ardour of covetousness, and rather serve their ambition, and
vain glory, that they may seem to be invested with greater
authority and power. Wherefore this sinister practice
ought to be punished more severely." " And in my opi-
nion," says Hosius, the president of the Council, "such
ought not to be allowed so much as lay-communion.""
The next canon adds, " That if any one be so vain or pre-
' Book vi. chap. iv. sect. (>.
Antioch. can. 21. * Apost. can. xiv.
VOL. VI.
* Con. Nic. can. xv. Con.
* Con. Sarilic. can. I, and '2,
V
p>
290 THE ANTIQUITIES OF THK [BOOK XVI,
sumptuous, as to think to excuse himself in this matter, by
saying, tliat he received letters of invitation from the people,
seeing- it is possible some might be corrupted by bribes and
rewards to raise a faction in the Church, and desire to have
him for their bishop." " I think," says Hosius again,
"these fraudulent arts and underhand practices ought to be
undoubtedly punished, so as that such an one should not
be allowed even lav-communion at his last hour.' And to
this the Council readily agreed : which shews what appre-
hensions they had of this sort of simony, as most dangerous
and pernicious to the Church. And it is worth remarking
further, that whereas it might happen, that such an ambi
tious bishop might, by the power of a faction, be able to
maintain himself in his usurpation, in spite of all ecclesias-
tical censures : therefore in this case the third Council of
Carthago gave orders,^ " That recourse should bo had to the
secular magistrate against such a refractory and contuma-
cious bishop, who would not submit to the milder sentence
of an admonition ; and that in such an exigence of absolute
necessity tho ruler of the province should be entreated, ac-
cording to tho directions of the im[)crial laws, to use his.
judicial authority to expel him out of the Church, which
he kept possession of by force, without givisig any signs
of acquiescing or amendment." Whether there were any
imperial law^s made with a direct view to this particular
case, I cannot sav : but it is certain there were o-eneral laws
made by Gratian and Honorius,^ obliging all bishops, who
were censured and deposed by any synod, to submit to the
sentence of the synod, and not to make any disturbance by
endeavouring to keep or regain the sees out of which they
' Con. Cartli. iii. can. 38. Necessitate ipsfi cogente liberiMn sit nobis, rcc-
toreni provinciae, secundum statuta gloriosissiniorum principum, advcrsus ilium
adire, ut qui miti adinonitioni acquieserc noluit, et emeiidare illicitum, autho-
ritate judiciaria protinus excludatur. Vid. ran. xliii. ib. et Cod. Afric.
can, 48, el 53. » Cod. Tluod. lib. xvi. tit. 2. de Episc.
leg. XXXV. Honorii, Quicunque residentibus sacerdotibus fuerit episcopali
loco detrusus et nomine, si aliqiiid vel contra custodian), vel contra quietem
publicam nioliri fuerit deprehensus, lursuscjue sacerdotiuni petero, a quo
videtur expulsus, procul ab eS urbe quani inlecit, secundum legem dlvK
raeinoi-i;c Gratiani, centum inilibus vitam agat, &c.
CHAP. VII.] CHRISTIAN CHURCH. 291
were synodically expelled, under the penalty of being ba-
nisliedan hundred miles from the city, where tliey protended
to raise any such disturbance. This was the haw of Hono-
rius, which refers to a former law made by Gratian upon
the same subject, which is also mentioned by Sulpiciiis
Severus in his history as enacted ag-ainst the Priscillianists,'
thouf^h it be not now extant in the Theodosian Code. And
to these laws the African Fathers might refer, when they
order all such contumacious bishops to be expelled by the
authority of the civil magistrate, according' to the tenor of
the imperial laws made in this behalf, to which they refer
also in other canons relating to the same purpose.^ And
thus much of the several greater crimes against the first and
second commandments, which made men liable to the pe-
nitential discipline and censures of the Church.
CHAP. VI] .
Of Sins against the Third Commandment, Blasphemy, Pro-
jane Swearing, Perjury, and Breach of Vows.
Sect. 1. — The Blasphemy of Apostates.
The greater sins against the third commandment, which
chiefly brought men under public ecclesiastical censure,
were blasphemy, profane swearing, perjury, and breach of
vows solemnly made to God. For all these reflected a
particular dishonour upon his name. Blasphemy they dis-
tinguished into three sorts ; First, the blasphemy of apos-
tates and lapsers, whom the heathen persecutors obli-
ged not only to deny, but curse Christ. Secondly, The
blasphemy of heretics and other profane Christians.
Thirdly, the blasphemy against the Holy Ghost. The first
sort we find mentioned in Pliny, who, giving Trajan an ac-
' Sever. Hist. lib. ii. p. 1 IG. « Cod. Afric. can. 93. al. 95.
u 2
29ji THE ANTIQUITIES OF THE [BOOK XVI.
count of some Christians, who apostatised in the persecu-
tion in his time, tells him, they all worshipped his imnge,
and tlie imajjes of the ofods, and also cursed Christ.* And
that this was the common way of renounciniz- their religion,
appears from the demand which the proconsul made to
Polycarp, and Polycarp's answer to it : he bid him revile
Christ, "AotSdprjffov rov Xpi-Svi'^^ to whom Polycarp replied,
" These eighty-six years 1 have served him, and He never
did me any harm: how then can I blaspheme my King" and
my Saviour ?'' In the Epistles of Dionysius, bishop of Alex-
andria, where he g'ives an account of the persecution, that
happened there, we find this was the usual way, whereby
the heathen required the Christians to abjure their religion.
They bid Metras, the Martyr,^ say the atheistical words,
which when he refused to do, they stoned him to death. So
again they bid Apollonia say, the impious words,* beating
out her teeth, and threatening to burn her alive, it she re-
fused to comply with them; and threatening all others
with the same punishment, that would not say ih,s^ blasphe-
mous words. Now, though Valesius thinks it diflicult to
tell what these impious, blasphemous, and atheistical words
were, yet it seems plain enough they meant blaspheming
Christ, which was the thing the heathen insisted on, as their
certain indication of Christians renouncing' their relififion.
And so Justin Martyr says,* when Barchocab, the ringleader
■of the Jewish rebellion under Adrian, persecuted the Chris-
tians, he threatened to inflict terrible punishments upon all,
that would not deny Christ and blaspheme him. This then
being only a more solemn way of renouncing religion, by
adding- blasphemy to apostacy, all lapsers of this kind were
deservedly reckoned among apostates, and accordingly
punished with their punishment, to the highest degree of
ecclesiastical censure.
' Plin. lib. x.ep. 97. Oranes et imagiiicm tuam, deornnique simulachra
venerati sunt, iique et Christo inaledixerunt. » Euseb.
lib. iv. cap. xv. » Ap. Euseb. lib. vi. cap. 41-
KiXtvaavrsQ aQia X'iytiv pijfiaTo, &c. * Ibid. Tct Tr)Q (iffifiiiag
prifiaTa fK<p(i>vijutit'. Et paulo post, Sv(j<f»jfia prjfinra aj-jy/ctir.
* JHstin. Apol. ii. p.' 72.
OHAI>. Vir.J CHRISTIAN CHURCH. 2^J^
Sect. 2. — The Blaspheiiiy of Heretics and profane Christians.
Another sort of blasphemers, were such as made pro-
fession of the Chris ian leHg-ion ; but yet either by impious
doctrines or profane discourses, uttered blasphemous words
against God, derogatory to his majesty and honour. In
this sense heretics are commoidy charged with blasphemy,
and more especially, those, whoso doctrines more immedi-
ately detracted from the excellencies, properties, and ac-
tions of the divine nature. I'hus Chrysostom terms those
blasphemers,' who introduced fate in derogation to the pro-
vidence of God: and Irenaeus, those likewise, who denied
God to be the creator of the world.^ And the Arians and
Nestorians are generally charged with blasphemy, impiety,
and sacrilege,^ for denying the Divinity of our Saviour, and
the incarnation of the divine nature. So that the same
punishment as was inflicted upon heretics and sacrilegious
persons, was consequently the lot of this sort of blasphe-
mers. St. Chrysostom joins blasphemers,* and fornicators
together, as persons, that were to be expelled from the
Lord's table. He says further,* " under the Mosaical eco-
nomy the law was. Let him, that curseth father or mother,
die the death. What shall we then say of those, who in
the time of grace and truth, and such extraordinary know-
ledge, not only curse father and mother, but blaspheme
the God of the universe ? All the punishments of this
world and the next are not sufficient to chastise a soul, that
is arrived to this prodigious height of wickedness. For
there is no sin greater than this, none equal to it. It is an
addition to all other crimes, confoundino- all religion, and
drawing inexpiable punishment after it."
' Chrys. Horn. ii. cje Fato et Provid. torn. i. p. 1 IS.
* Irenae. Praefat. in lib. iv. Nunc autem, quoniain novissiraa sunt tempora,
extenditur malum in homines, uon solum apostatas eos faciens, sed et blas-
phemes in plasmatorem instituit. * (^^^j^ Theod. lib. \\\.
tit. 5. De Hsereticis. Leg. vi. Theodosii. Arianl sacrilegii veuenum, &c.
It. Leg. viii. Sacrilegum dogma Arianorum. Ililarii fragment, p. 144. Arii
blasphemifc, &c. It. de Synodis. p. 104. Evagr. lib.i.cap. 2.
* Chrys. Horn. xxii. De Ira. torn. i. p. 277. * Honi. ii.
dp Fato. tojn. i. p. SI 1.
294 THE ANTIQUITIES OF THE [bOOK XVr.
Neither was it only this doctrinal blasphemy of heretics,
proceeding- frotn corrupt and vicious principles, that they
thus treated both with their censures and invectives ; but
also all other blasphemies of profane Christians, whether
occasioned by ill opinions fixed in the mind, or otlier sud-
den emotions of a vicious temper. This we learn from Sy-
nesius'svvay of proceeding- against Andronicus, the oppres-
sinc governor of Ptolemais. He admonished him for his
other crimes while there was any hopes of making- a just
impression on him : but when he added blasphemy to all the
rest, presuming to say, no man should escape his hands,
thouoh he laid hold of the very foot of Christ : Synesius
thought he was no longer to be admonished, but to be cut
oft'as a putrined member, and accordingly he proceeded to
pronounce agamst him that famous excommunication,' which
we have had so often occasion to mention,^ as the most
formal sentence that occurs in ancient story. I only add,
that the civil laws set a particular mark upon this crime.
For by the laws of Justinian blasphemy is reckoned a capi-
tal offence, to be punished with death.-* And by the former
laws, since heresy was reputed blasphemy against God, all
the penalties inflicted on heretics, one of which was in
some cases death also, must be supposed to be punishments
awarded by law to this sort of blasphemers.
Sect. 3.-The Blaspliemy against the Holy Ghost. What Notion the
Ancients had of it: and what Censures they inflicted on it.
Another sort of blasphemy was, the blasphemy against the
Holy Ghost, of which I must be a little more particular,
because the sense of the Ancients concerning it is not very
commonly understood. Some apply it to the great sin of
lapsing into idolatry, and apostacy, and denying- Christ in
time of persecution. Thus Cyprian understands it, when
he says,* " They, who commit idolatry by the violence of
' Synes. Ep. Ivili. p. lO^i. Vi.l. C.P. sub Menna. act i. al. 5.
* See it at lpni,'th, chap. ii. ?pct. 8. ■' Justin, \ovcl. 77.
* Cypr. Ep. X. al. xvi. p 36. Sunimum enim delictum esse quod persecufio
eomraitli coegit; cum dixerit Doniinus ct Judex nostcr, " Qui me confessus
CHAP. VII.] C1IRI!^TIAN OHL'RCIl. 295
persecution, know tlioir oflonce to be a very groat crime,
seeing- our Lord and judge has said, * Whosoever sliall con-
fess me before men, liim will I confess before my Father,
which is in heaven. But !ie that denieth mc, him will I
also deny.' And again, ' All sins and blasphemies shall be
forgiven to the sons of men : but he, that blasphemeth
against the Holy Ghost, sliall not have forgiveness; but
is g'uilty of eternal sin.' St. Hilary gives the same account
of this blasphemy,' making- it to consist in denying- Christ
to be God. And therefore he also charg-cs the Arians and
all other such heretics with this blasphemy,^ because their
doctrine robbed Christ of his Divinitv, and denied him to be of
the same substance with the Father,however they venerated
liim as God, and ascribed the name of God to him upon the
account of his admirable works and g-lorious operations.
Athanasius, and the author of the Questions to Antiochus,
under his name, are of the same opinion. Athanasius has
a particular discourse upon this subject, where he notes the
errors of Origen and Theognostus upon it, and delivers his
own opinion in opposition to them. They said,^ that all
they, who had received the gifts of the Holy Ghost in bap-
tism and afterward run into sin, committed the unpardona-
ble sin against the Holy Ghost. Which he refutes both
from the practice of St. Paul, who received the incestuous
Corinthian, and other great sinners to pardon ; and also
from the practice of the Church in opposition to the Nova-^
fuerit coram hominibus, ot ilium confitebor coram Patre meo qui in coelis.
Qui auteni mt' negaverit, cl ego ilium negabo." Et iterumdixerit, " Omnia
peccata remittentur filiis hominum et blasphemise : qui autem blaspliemave-
rit Spiritum Sanctum, non habebit rcmissam, sed reus est ajterni peccati.''
' Hilar, in. Mat. canon, xxxi p. 1S4. Sciebat exterrendos, fugandos, ne-
gaturos : sed quia SpiritQs blasphemia nee hie nee in aeternum remittitur,
inetuebat ne se Deum abnegarcnt, quern cmsum et consputum etcrucifixum
essent contemplaturi. Qua; ratio servata in Petro est, qui cum nogaturus
esset, ita negavit, "Non novi hominem." « Ibid, can.xii. p. 164.
Christo aliqua deferre, negare qua maxima sunt: venerari tanquam Deum,
Dei communione spoliare, liKc blasphemia Spiritfls est: ut cum per admira-
tionem operum tantorum Dei nomen detraliere non audeas, generositatem
ejus quam confiteri es coactus in nomine, abnegatfi paternse subslantiae com-
munione decerpas. » Athan, in illud, Quicunque dixerit
Torbuin. torn. i. p. 971.
29G THE ANTIQUITIES OF THE [BOOK XVI.
tians. " Why then," says he, " are we angry at Novatus
for taking- away repentance, and saying-, there is no pardon
for those that sin after baptism V His own opinion he de-
livers after this manner:' " The Pharisees in our Saviour's
time, and the Arians in our days, running into the same
madness, denied the real Word to be incarnate, and ascribed
the works of the Godhead to the devil and his angels, and
therefore justly undergo the punishment, which is due to
this impiety, without remission. For they put the devil in
the place of God, nnd imai»ined the works of the livino- and
true (xod, to be nothinof more than tiie works of the devils.
Which was the same tiling, as if they had said, that the
world was made by Beelzebub, that the sun arose at his
command, and the stars in heaven moved by his direction.
For as the one were the works of God, so were the other:
and if the one were done by Beelzebub, so were the other
also. Fov this reason Christ declared their sin unpardona-
ble, and their punislmient inevitable and eternal,"'' in ano-
ther place he says,- " 1 hey, who spake against Christ, con-
sidering- him only as the son of man, were pardonable,
because in the begininng- of the Gospel the world looked
upon him only as a prophet, not as God, but as the son of
man : but they who blasphemed his Divinity after his works
had demonstrated him to be God, had no forgiveness, so long
as they continued in this blasphemy : but if they repented
they might obtain pardon: for there is no sin unpardonable
with God to them, who truly and worthily repent." And the
same is said by th.e author of the Questions to Antiochus-''
under his name. St. Ambrose also defines this sin to be
denying the Divinity of Christ,* '' Whoever does not confess
God in Christ, and Christ to be of God, and in God, deserves
no pardon."
Some again make it to consist in denying the Divinity of
' Athan. in illud, torn. i. p. 975.
* Athan di; Commuiii E-seiitifi Irium Personarum, torn. i. p. 237.
* Quiest. et Respons. ad Antioch. q. Ixxi. torn. ii. p. 3.3S. ♦ Ara-
bros. Com. in I.uc. lib. vii. cap. \ii. torn. v. p. 108. Qiiicunquenon confite-
tiir ill Cliristo Deum, ntque e\ Dro et in Deci Ctiristiiin, vcniain non
meretiii'.
OIIAP. Vli.J CHRISTIAN CHURCH. 2f^7
the Holy Ghost. Thus h^piphanius brliig-s the clifirf^o'
a£;ainst the Pneumatomachi, or Macedonian herotics, whose
error consisted particularlv in opposing- the Godliead of the
Holv Ghost, and making- him a mere creature. He says, all
heretics hiaspheme and deny the truth, some more, some
less: as these P»6r<*7?ja/ow<:/67t/ did, blaspheming the Lord
and the Holy Spirit, and having- pardon of sins neither in
this world, nor the world to come. He shews how they
were not pardoned in this world, because their doctrine was
condemned by the C'uirch in the Council of Nice, and their
persons anathematised or cast out of the communion of the
Church. But then as they mig-ht be admitted to communion
again upon their repentance, so we must suppose, he means
their sin was capable of pardon in the next world upon the
same condition, and only unpardonable upon the supposition
of obstinacy and continuance in it without repentance. St.
Ambrose also in his Treatise of the Holy Ghost, writing^
against the same heretics, charges them as guilty of this
blasphemy ag-ainst the Holy Ghost, for denying the Divini-
ty of his person. And the same charge is brought against
them by Philastrius,-^ when he says, " The Lord declared
that all sins should be forgiven unto men beside the blasphe-
my against the heaxenly essence of the Holy Spirit. — Con-
cedi omnia peccata hominibus prceter blasphemiam dedivini
et adorandi Spiritus Essentia"
Philastrius brings the charge in general against all here-
tics,* as blasphemers of the Holy Ghost. And St. Am-
brose does the same,* but then he does not assert the sin to
be absolutely unpardonable, but exhorts them to return to
the Church, with hopes of obtaining mercy and forgiveness.
Others place this sin in a perverse and malicious ascribing
the works of the Holy Spirit to the power of the devil.
' Enipham. Hser. 74. Pneumatom. n. 14. Athanas. Ep. ed Afric. n. 1 1.
' Ambros. dp Spir. Saiioto. !il>. i. cap. 3. " Pliilastr. de
Haeres. cap. xx. Bibl. Patr. torn. iv. p. 17. * Plulast. Hser.
Rheloiii. * Ambros. de Pcenitent. lib. ii. caj). 4. Eos
quoquc asserit diabolico uti spiritu qui separarent ecclesiaiu Dei : ut om-
nium teuiporum haereticos et schismaticos coinprehenderft, quibus iadulgen-
tiam negat. Ibidem paulo post. Revertimini ad ecclesiam, si qui vos sepa-
lastis impie; omnibus enini conversis pollicotur veniam, <Sc.
2U8 THE ANTIQUITIES OF THK [bOOK XVI,
And some of these suppose the malignitv of it to consist in
doing- this ag-ainst knowlcdoe and manifest convictions of
conscience, which renders them self-condemned, and their
sin simply and ahsohitely unpardonable. The Author of
the Questions upon the Old and New Testament, under the
name of St. Austin,' who is supposed to be one Hilary, a
Roman deacon, expressly delivers his opinion after this
manner : " The Jews," says he, " did not sin against the
Holy Ghost out of ig-norance, but maliciousness. For they
know the vvoiks, which our Saviour did, to be the true
works of God : but to divert the people from be-
lieving on him, they pretended, ag'ainst their own knowledge
and conscience, to say, That they were the works of the
prince of devils. Upon which account our Lord said to
them, ' Ye have the key of knowledge, and ye neither
enter yourselves, nor suffer others to enter.' That sentence
then was pronounced against the malignant, for wliom there
is no remedy to be found to bring them to salvation. For
this is the greatest of all sins, pretending that to bo false,
which men know to be true, and denying the wonderful
works of God against their own knowledge and conscience."
But in two things this author is singular; 1. In saying
the Jews acted against knowledge and conscience. For St.
Austin expressly says,* " They did it in ignorance, by that
blindness, which happened to Israel in part, till the fulness
of the Gentiles be come in." And it seems evident from
those words of St. Peter in his sermon to them, Acts iii.
17. "I wot, brethren, that in ignorance ye did it, as did
also your rulers." 2. In that he makes their sin simply and
absolutely unpardonable, which the Ancients generally do
not, save only when it is accompanied with insuperable ob-
stinacy and final impenitency, which in the nature of the
' Aug. Quaest. in Vet. et Nov. Test. q. 102. torn. iv. p. 452. Non enim er-
rore peccaverunt in Spiritum Sanctum, sed nialevolentifi. Scientes enim
priiclcntcsque opera qufe viderunt in g-cstis Salvatoris Del cssp, ut populum
a fide ejus averterent, licec simulahant esse priiieipis daeinoniorum. — Hajc
ergo sententia contra nialevolos prolata est, quibus remediuni inveniri non
potest ut salventur. Nihil enim hoc crimine graviusest ; fingit enim falsum
esse, quod sritesse yerum, S:c. * Aug. Expos, in Rom.
p. 366. torn, i V.
CHAP. VU.] CHRISTIAN CHUttCH. 29^
thing- can have no pardon. For all others among- the An-
cients suppose it possible for men to repent of this sin, and
thereby make themselves capable of pardon, tliough with
great dilliculty, and (hat the unpardonableness of it arises
from men's own obstinacy and impenitency only, which
makes them liable to punishment both in this world and the
world to come. Thus St. Chrysostom delivers his opinion
in his Comment upon the wordsof our Saviour.' " Is there
no remission for those, vvlio repent of their blasphemy against
the Spirit ? How can this be said with reason? For we
know it was forgiven to some, that repented of it. Many of
those Jews, which blasphemed the Holy Ghost, did after-
wards believe, and all was forgiven them. What is there-
fore the meaning- of it ? That it is a sin less capable of
pardon than all others. And unless they repented of it (so
Anianus translates it) they should be punished in both worlds,
and have pardon in neither." Which he observes to be the
difference between this kind of sinners and many others.
For some sinners are punished both in this world and the
next; others only in this world ; others only in the next;
others neither in this world, nor the next. He gives exam-
ples of all these. Some are punished both here and here-
after. As these blaspheming- Jews : for they suffered
venfireance here in the o^reat calamities which befell them in
the destruction of Jerusalem: and hereafter they must un-
dergo intolerable torments, as the men of Sodom, and many
others. Some suffer only in the next world, as the rich man,
who is tormented in flames, and not master of so much as
a drop of water to cool his tongue. Some suffer only in
this world, as he that committed fornication among' the Co-
rinthians : and others neither in this world, nor the next,
as the Apostles, and Prophets, and holy Job, and such
like. For their passions were not punishments for their sins,
but only exercises and combats to crown them with victory.
Now he supposes that blasphemy against the Holy Ghost
is a sin of the first kind ; that is, one of those, for which
men, if they do not timely repent of it, shall suffer both
» Chrys. Horn, ilii.in Mat. xii. p. 391.
300 THE ANTIQUITIES OK THk [bOOK XVI.
liere and hereafter, as the men of Sodom ; in which respect
it is said never to have for"-ivcness, neither in tliis world
nor the next, because it is punished in both. Vid. Chrys.
Horn, iii, in Lazarum. tom. v. p. (id, where he uses the
same distinction of sins punished only in this world, or only
in the next, or else as the sins of Sodom, punished in both.
Victor of Antioch, who was cotemporary with St. Chry-
sostom, gives the same account of the unpardonableness,
of this sin. He says,' " when our Saviour discourses of
the sin of blasphemy, he neither determines blasphemy
ag'ainst the Son to be absolutely remissible, nor the
blasphemy against the Holy Ghost to be simply irre-
raissible ; as if there was no place of repentance left for
such blasphemers, wlien they were disposed to return to
a sober mind : but only by drawing- a comparison betwixt
the one and the other, he shews, tliat the l^lasphemy against
the Son, ought to be esteemed the lesser of the two, because
it seems to be levelled ag-ainsthim only as man."
Now from what has hitherto been discoursed, it is easy to
conceive after what manner the discipline of the Church
was exercised upon such sort of blasphemers. For first, if
all apostates, and idolaters, and such as denied Christ, or
blasphemed him, or denied his Divinity, or the Divinity of
the Holy Ghost, and such as fell into heresy or schism, were
reputed in some measure to blaspheme the Holy Ghost :
then the same punishments that were inflicted on all such
offenders, must consequently be reckoned the punishments
of those, that blasphemed the Holy Ghost. And since we
have seen those punishments under those respective heads
before, we need inquire no further after them in this place ;
but only observe, secondly, That the Ancients, as many
• Victor. Com. in Marc. iii. Bibl. Patr. torn. i. p. 411. Cum de blasph«-
miae peccato Salvator noster dissciit, nequc convitium in filinm absolute
remissibile, neque blaspheraiam rursus in Spirituni Sanctum irtemissibile
simpliciter definire vult : quasi nuHus prorsus ejusmodi blasphemis, dura-
modo ad sanam menteni redire in animuni induxerint, pccnitontia; locus re-
lictus sit; veriim comparatione qufulain inter banc ol illam t'actfi, indicat
earn quffi cadit in filium, tanquani quit in homineni proxime ferri videatur,
miilto niinorpm ron'Scri.
CHAl', Ml.] CHRIS liTVN CHURCH. 301
at least as went upon this supposition, that the blas[)hetny
ag"ainst the Holy Gliost was committed in these several
crimes, could not imag-ine it to be a sin simply and abso-
lutely incapable ot" pardon: because they did not shut the
door of repentance to any such offenders, or reckon them
altogether reprobate and desperate, but invited them to
repent, and prayed for their conversion, and received them
again to peace and communion upon their humble confes-
sion and evidences of a true repentance. Which argues,
that they did not believe the sin against the Holy Ghost to
be altogether unjiardonable, but only to the impenitent ;
since they granted pardon to the penitent in this world, and
gave them hopes of obtaining' pardon from God in the world
to come.
It is true indeed, St. Austin, and several others in the
Latin Church, seem to say, that this sin is altogether un-
pardonable both in this world and the next. But if we
rightly take their meaning, they differ not at all from the
former. For they suppose, that no man perfectly commits
the sin against the Holy Ghost, but he that finally dies ob-
durate, and in resistance to all the gracious motions and'
operations of the Holy Spirit, to the end of his days: in
which case, it is but natural to conclude from the nature of
the thing, that such men can have no pardon for their sin,
neither in this world nor the world to come : not because
any thing they do in their life time, makes it an unpardona-
ble sin in itself; but because they wilfully continue impeni-
tent to the last, and so make it impossible and impracticable
upon the principles of tlie Gospel, to obtain pardon either
of God or his Church, in this w orld or the world to come :
since the covenant of grace and pardon only respects those,
who embrace it in this life, and not such as put off repen-
tance to another world, where they will repent without reme-
dy, or, in the Apostle's words, " find no room for repen-
tance," or change of God's purposes," though they seek it
carefully with tears."
In this sense Fulgentius understands our Saviour's w ords
as menacing punishment to those, that obstinately continue
in their wickedness, and let judgment overtake them in
their sins. He says, " Repcntence is of advantage to every
302 THli ANTIQLITIES OF THE [BOOK XVI.
man in this life, whatever time he truly turns to God, Quam-
lihetiniquus, quamlihet annosus, although he he the great-
est of sinners, although he he grown old in sin: but if he
continue obdurate to the last, there is no mercy for him.
For as mercy will receive and absolve those, that are conver-
ted,* so justice will repel and punish the obdurate. For
they are those, who sin aw-ainst the Holy Ghost, and shall
not have remission of sins either in this world or the world
to come." The Author of the Book, of True and False
Repentance,^ under the name of St. Austin, says the same,
" That they only sin against the Holy Ghost, who continue
impenitent unto death. For the Holy Spirit is love, who
gives his grace to us as an earnest. He therefore that sins
and desires not to recover his grace, nor ever after is con-
cerned to be loved by him, nor seeks to him from whom he
received his earnest, sins against the Holy Spirit, and shall
never obtain pardon, either living, or after death : but no
one sins against the Holy Spirit, that flies unto him for
mercy." And therefore he says, '* Our Saviour's words to
the Jews, were rather an admonition to them, not to continue
in sin, because if they went on as they had beg'un, their
blasphemy would lead them unto death." Bacehiarius,^ an
African writer about the time of St. Austin, explains him-
self after the same manner. He says, " This sin consists
in such a despair of God's mercy, as makes men give
over all hopes of attaining by the power of God to that state
and condition, from which they are fallen. And so conse-
quently go on in sin without repentance to their lives' end."
St. Austin speaks often of this crime, and he places it in a
' Fulgent, (le Fide ad Petrum. cap. iii. Sicut enini tnisericordia suscipit
absolvifque convcrsos, ita Justilia lepellet, punielque obdiuatos. li sunt,
<iui peccantes in Spiritum Saiictuiu, neque iu hoc sseculo noque in futuro
remibsioneiu accipifiit peccatoruni. * Aug:. Ac Ver.l ct FalsS
ptt'iiitenlia, cap. iv. toni. iv. Soli peccant in Spiritum Sanctum, qui inipuMu-
tentLS cxistunt usque ad mortem, &e. ^ Bacchiar. Epist. de
Recipicndis Lapsis. Hibl. Patr. torn. iii. p. 133. Dico hoc ipsum, despcrare
do Domino, in Spiritum esse peccare, quia Doniinus est Spiritus, ct idee non
remittitur ei, quia non crediderit Dominum reddere sibi posse quod per-
didit.
CHAP. Vll.] CIIKISTIAN CHtlUll. 3U3
continual resistance (»t" the motions and f»iacea of the Holy
Spirit, by an invincible liardness of heart, and final inipeni-
tency to tlie end of a man's days. " Some," says he,'
" phiced it in the commission of n)ortal sins after baptism,
and after havini;- received the IJoly Ghost, as doing- despite
to so great a gift of Christ, by falling- into such sins as
adultery, murder, apostacy, or se[)aration from the Catho-
hc Church." But this, he thinks, cannot be the meaning-
of it; because the Cliureli allows room for repentance for
all sins, and corrects heretics only with this intent, that they
may repent. He says further,^ that it consists not in denying-
the Divinity or Person of the Holy Ghost, or believing- him
to be a creature, unlesy men persist in these errors to the
end of their days. For many Catholic Christians were once
Jews, or Pagans, or heretics, such as the Arians, Euno-
mians, Macedonians, Sabellians, Patripassians, and Photini-
ans, who all deny either the Divinity or the Personality of
the Holy Ghost. And if all these, who speak against the
Holy Ghost, have no forgiveness, in vain do we promise or
preach to men, that they should turn to God, and obtain
peace and remission of sins by baptism, or in the Church.
For it is not said, with any exception, this sin shall not be
forgiven, save only in baptism : but, " It shall not be for-
given, neither in this world, nor in the world to come."
Hence he infers, that it is not all kind of blasphemy ag*ainst
the Holy Ghost, but a particular sort of blasphemy that is
thus threatened. And that is, Hnal impenitenev, or resisting-
to the uttermost the gracious offers of remission of sins
made by the Holy Gliost,"^ " This impenitency, is the blas-
phemy, that has neither remission in this world ; nor in the
world to come. But of this impenitency no one can judge,
so long- as a man lives in this life. We are to despair of no
man, so long- as the patience of God leads him to repen-
tance, and does not snatch away the sinner out of life, who
would not tlie death of a sinner ; but rather that he should
return and live. A man is a pagan to day ; but how knovv-
' Aug-. Serm. xi. de Verbis Domini, cap. iv. * Ibid. cap. iii.
* Ibid. cap. xiii.
3U4 THE ANTIQUITIES OF THE [BOOK XVI.
est thou, but that lie may become a Christian to morrow ?
To day he is an unbeheving- Jew : but wiiat if to morrow
he should believe in Christ i To day he is an heretic : but
what if to morrow he should embrace the catholic truth ?
To day he is a schismatic : but what if to morrow he should
return to the peace of the Church ? What if they, whom
you mark as immersed in any kind of error, and damn as
desperate, should repent, before they end this life, and find
true life in the world to come ? Judge nothing, brethren,
before the time. For this blasphemy of the Spirit, which
has no remission, and which we liave shewn to be a per-
severing- hardness of an impenitent heart, cannot be descried
in any man whilst he continues in this life." At last he con-
cludes,^ " There is but one way to avoid the condemna-
tion of this unpardonable blasphemy, which is, to beware
of an impenitent heart, and to believe that repentance pro-
fits not but only in the Catholic Church, where remission is
granted, and the unity of the spirit is preserved in the bond
of peace." St. Austin often repeats this notion,^ and he
gives the same account of what the Apostle calls the sin
unto death, for which he forbids men to pray. He says,
" It means that hardness and impenitency of heart, where-
by men obstinately reject faith, and charity, and remission
of sins to their last hour." And whereas he had seemed to
say in one piace,^ '• That this blasphemy consisted in a
malicious and envious opposition to brotherly charity, after
a man had received the orace of the Holv Ghost : ' he ex-
plains this in his Retractations,* saying, there ought to be
' Aug. Ser. xi. do Verbis Domini, cap. xxiv. ^ De Cor-
rept. et Gratia, cap. xii. Ego dico id esse peccatuin ad moFlem, fideni quae
[)er dilectionem o[icrat\ir, dcferere usque ad mortem. It. Ep 1. p. SS. Hoc
est autcm duritia cordis usque ad finem luijus vita;, quS homo recusal in
nnitatc corporis Christi, quod vivificat Spiritus Sanctus, rpmissionem acci-
pcre peccatorum. Enchirid. cap. Ixxxiii. Qui in ecclesia rcmitti peccata
non credens, cont(Miinit fantiun divini niuncris largitatem, ct in hfie olistina-
tione mentis diem claudit extremum, reus est irremissibili peccato in Spirilum
■Sanctum, in quo Cluistus ])eccata dimittit. * Aug. de Serra.
Dom. in Monte, lib. i. cap. xxii. * Ketract. lib. i.
cap. 19. Sed tamen addendum fuit, si in liTic tam sceleratli mentis perversitate
finieril banc vitam ; quoniam de quocunquc pessimo in hfic vita constitute
non est utiqur dcsperandum, nee pro jllo imprudentcr oratur, de quo non
despcralur.
«:HVH. Ml.! CHRlsriAN GllUKCH. SOf)
•J
ndded this conditio!), it' he ends tjjis wicked pervoiseness of
mind : because we are not to dospair of the very worst man,
Avhile he continues in this life ; neilher is there any impru-
dence in prayin<^" for him, of whom we do not dospair. He
confirms this notion again at large in liis Commentary upon
the Epistle to the Romans. Where he first gives this de-
scription of it:' '• That man sins against the Holy Ghost,
who despairing-, or deriding", or contemning the preaching*
of g-raee, by which sins are washed away, and the preach-
ing of peace, by which we arc reconciled to God, refuses
to repent of his sins, and resolves to continue hardening-
himself in the impious, and deadly sweetness of them, and
therein persists to his last end,'' He then shews by great
variety of instances, that any other blasphemy against the
Spirit is capable of pardon, except this, which includes ob-
duration to the last. The Pagans daily blaspheme the
whole Trinity and the whole system of the Christian reli-
gion : and yet the Church makes no scruple to receive them
to pardon of sins by baptism upon their conversion. The
Jews are charged by Steplien for resisting the Holy Ghost,
and yet Paul, who was then one of the number of those,
whom he so charged, was afterwards filled with the same
spirit, which he had lOsisted. The Samaritans opposed the
Holy Gliost, avid yet both Clirist and his Apostles attest to
the conversion of many of them. Simon Magfus had con-
ceived very ill opinions of tlie Holy Spirit, so as to think his
gifts raig'ht be purchased with money ; yet St. Peter did
not despair of him, so as to leave him no room for pardon,
but kindly admonished him to repent. Neither does the
Catholic Church shut the gate of pardon to any heretics or
schismatics, or leave them without hopes of appeasing God,
upon their correction and amendment : though some of them
deny the very being* and person of the Holy Ghost ; others
' Aug. Expos, in Rom. i. torn. iv. p. 363. Ille peccat in Spiiituin Sanc-
tum, qui desperans vel inidens atque oontcmnens prxdicationeni gratia;, per
quam peccata diluuntur, et pacis, per quam reconciliamiir Deo, detrectat agere
poenitentiam de peccatis suis, et in eorum impifi atque mortiferfi quidam sua-
vitate perdurandum sihi esse decernit, et in finein usque perdurat.
VOL. VI. X
•3^0»i THE ANTIQUITIES OF THE [bOOK XVI.
make him n mere creature, and (!eny his Godhead ; oth^ivs
make the substance of the whole Trinity mutable and cor-
ruptible ; others deny the mission of the Holy Ghost upon
the Apostles, and make liis first descent to be upon Montanus ;
and others despise his sacraments, and rebaptise those, who
were baptised ])erore in the name of the Father, Son, and
Holy Ghost Nay, he thinks some of those very Jews, to
whom our Savioitr g-ave a caution ag'ainst this crime, after-
ward repented of their blasphemy, though proceeding from
envy and malice : and that St. Paul ma^ be reckoned one
of that number; being a blasphemer, and a persecutor
and injurious, as they were, in ignorance and unbelief; and
putting himself in the number of those, w ho were some-
times foolish, disobedient, deceived, serving- divers lusts
and pleasures, living in envy and malice, hateful and hating
one another. If, therefore, neither Pagans, nor Hebrews,
nor heretics, nor schismatics, yet unbaptised, are precluded
from the saciament of baptism, whatever opposition they
have made to the Holy Ghost before, if they sincerely
repent, and condemn their former life ; if also they, who
have attained to the knowledge of the truth, and are bap-
tised, may, after they have fallen into sin and resisted the
Holy Ghost, be resiored to the peace of God by repentance;
finally if they, to whom our Saviour objected blasphemy
against the Holy Ghost, mig-ht repent and be healed by
flying to the mercy of God : what remains, but that bv the
sin against the Holy Ghost, which our Lord says, •* Is
never forgiven neither in this world nor the world to come,''
we should understand nothing- else but perseverance in
malignity and wickedness, with despair of the indulgence
and mercv of God V For this is to resist the orace and
peace of the Spirit, of which we arc speaking. He says
also, that our Saviour in the same place, where he reproves
the Jews for their blasphemy, intimates, that the door of
repentance and amendment was not yet shut ag-ainst them,
when he says, " Either make the tree good, and its fruit
good ; or else make the tree evil, and its fruit evil." Which
' Aug. Expos, in Rom. i. torn. iv. p. 3G6. Quid aliud restiit, nisi ut pec-
catum in Spiiiluni .Sanctum, qiiod neque in hoc seculo nequi> in t'uturodimitti
Dominus dicit, nullum intelligatur nisi persevcrantia in nequitifi ct maligni-
tate cum desperutioiie indiilgentiia Dei ? &c.
rilAH. VM.] CHR18T1AW CHURCH. ."^OT
could not with any reason have been said to them, if iiovr
for that blasphemy they could not have changed their mind
for the better, and have brought forth the fruit of good
works, or should in vain have brought them forth without
remission of their sin. He therefore concludes, tliat they
had not yet committed fully the unpardonable sin, but only
begun it, in saying, " That he cast out devils by Beelzebub,"
and that Christ admonishes them not to complete it, by
resisting his grace and peace, either by despairing of par-
don, or presuming on their own righteousness, or continu-
ing impenitent, and persevering in their sins : for this was
to speak the blasphemous word against the Holy Ghost, by
wh.ich Christ wrought those miracles to bring them to
his grace aud peace. He observes here, that to speak
blasphemy agaisnt the Holy Ghost, is not put to de-
note barely the uttering it with the tongue, but the
conceiving it in the heart, and expressing it in ac-
tions. For as they are not properly said to confess God,
who do it only with the sound of their lips, and not with
their good works : so he, who speaks the unpardonable
word ag-ainst the Holy Ghost, is not presumed to say it per-
fectly, unless he do, as well as say it : that is, despair of
the grace and peace, which the spirit gives, and resolve to
persevere in his sins. That as the others deny God in their
works, so these say by their works, that they resolve to
persevere in an evil life and corrupt morals, and so say,
and so do, that is, continue in them to the end of their days.
Which if they do, what needs any one wonder that their
blasphemy should be unpardonable ? Or who is it now,
that cannot understand both that the Lord Jesus by that
commination called the Jews to repentance, that he might
grant them grace and peace by their believing on him: and
also how it becomes impossible, that they should have par-
don either in this world or the world to come, who resist this
grace and peace, and after this manner speak the word of
blasphemy against the Holy Ghost, that is, by a desperate
and impious obstinacy of mind, persevere in their sins, and
proudly resist God without any humility of confession or re-
pentance ?
This was St. Austin's constant and invariable sense of
5c2
308 TUK AN11QUITIK8 OF THE [boOK XVI.
this matter, out of vviilch the Schcohnen, I know not ho\y,
have raised six several species of blasphemy against the
Holy Ghost, viz. despair, presumption, final impenitency,
obstinacy in sin, opposing- and impugning the truth, which
a man knows, and envious malice a<>ainst the ffrace of
the brethren: whereas nothing can be plainer, than that St.
Austin resolves the whole matter into obstinacy in opposing
the methods of divine grace, and continuing- in this obdu-
ralion finally without repentance. Other sins may lead the
way to this blasphemy, in word or action, as infidelity or
reviling the Spirit in Jews or heathens ; or heresy, or
schism, or an immoral life in Christians after baptism: but
all this is only inchoative blasphemy, which does not render
it absolutely unpardonable : for many of all thes.e sorts
have repented and obtained pardon: but when men con-
tinue obstinate in any of these sins, and finally die impeni-
tent in them, then their sins become punishable in both
worlds, and pardonable in neither; not for want of mercy
in God or his Church, but for want of repentance and ca-
pacity in the subject.
And by this account it is easy now to determine what sort
of punishments and ecclesiastical censures were inflicted
en this crime, as well in the first rise and beginning-, as in
tiie progress and consummation of it. The same pnnish-
ment, that was Uiid upon idolatry, or apostacy, or denying
the Divinity of Christ, or the Holy Spirit, or lapsing into
any great immorality, or other blasphemy after 1 aptism, was
laid upon this sin of blaspheming the Holy Ghost: be-
cause it usually began in some of these notorious misde-
meanours; of which if men truly repented, the door of
mercy was still ojien to thetn, and the Church was ready to
receive them again to communion: but if they continued
obdurate all their lives, and died in their impenitency ; as
this was esteemed the consummation of the great sin
against the Holy Ghost, and properly the sin unto death;
so it could have no forgiveness in this world, nor the world
to come. They died excommunicate, and so had neither
the solemnity of a Christian burial nor the sutlrages of the
Church after death ; being struck out of her Diptychs, and no
memorial ever after made of them, as of persons desperate,
pud entirely out of God's favour.
ri-up. VM.] < nuisiiAN cHUKou. 309
I have been the long-er in cxplaininf»' the sense of the
Ancients upon (his point, not only because it is not very
commonly known, but also because it may be of use, both
to caution ungodly men against the clanger of final impeni-
lency, which is the consummation of the blasphemy against
the Holy Ghost; and likewise serve to comfort the pious,
who need be in no concern about the commission of this
sin, so long as they truly repent of all sin, and desire to
please God in the constant tenour of an holy life. For this
sin cannot consist with a true repentance : and though men
have begun in any degree to commit it, yet according- to
the general sense of the Ancients, they are still capable of
pardon, if they do not render it unpardonable by their own
obstinacy and wilful impenitency to the hour of death, after
which it can have no forg-iveness in this world or the world
to come.
Sect. *.— Of profane Swearing. All Oallm not forbidden.
The ne.vt transgression of the third commandment, which
they punished with ecclesiastical censure, was profane
swearing, or reproaching and dishonouring the name of
God by oaths and execrations. By which they did not
mean all oaths in general, nor yet any single act of rash
and hasty swearing, unless attended with some other atro-ra-
vating crime or circumstance of apostacy, idolatry, perjury,
or the like, but only the habit and custom of profane swear-
ing. Chrysostom indeed, and some others, in their sharp
invectives against common swearing seem sometimes to
carry the matter so far, as to deny the lawfulness of
all oaths to Christians in any case whatsoever.* But
whatever private opinions some few might have of this
matter, in which they were not constant or consistent
with themselves, as learned men have observed :^ it is cer-
tain there never was any public rule of the Church to
forbid this, and much less to make it the subject of ecclesi-
astical censure. The generality of Christians always
' Vid. SiKtuin Senensem Bibliollicc. lib. vi. annot. 26. whore all such pas-
^agfesare colloctcH. ^ Cavp. Prim. ( brist. pari. iii. ran. i.
P 'iia •
310 THE ANTIQUITIKS OK THli [BOOK XVI.
esteemed the taking- of an oath iti necessary cases for
confirmation of truth, to be a very lawful thing, as appears
both from the laws themselves, ecclesiastical as well as
civil, and from general practice. One of Constantines
laws is confirmed with a solemn oath in the very body of
it, where he promises to encourage any one, that shall give
just information against the corrupt practices of his minis-
ters,* with this formal asseveration, " As the Most High
God shall be merciful to me^ and preserve me in safety,
according to my desire, in the flourishing state of the com-
monwealth.' Nothing was more usual than the taking' of
oaths for confirmation of contracts, as is evident from that
famous law of Arcadius,^ which inflicts many severe penal-
ties upon all, that violate their contracts made in the name
and confirmed by the authority of Almighty God : and also on
such, as broke their contracts, which they confirmed by an
oath taken in that peculiar form of swearing by the Empe-
ror's safety. Which was an usual form of an oath among-
Christians, as ancient as Tertullian, who mentions it in an-
swer to an objection made by the heathen against them, as
if they were enemies to the government, and guilty of
treason, because they refused to swear by the Emperors
genius : to this he replies,^ " that though they did not
swear by the Emperor's genius, yet they made no scruple
to swear by the Emperor's safety, a thing more august than
all the genii in the world. For the genii were no-
thing but devils. In the Emperors they atknowledged
God's institution and authority, who set them over the
nations : and therefore they desired their safety and preser-
vation, as God's appointment, and made a great and solemn
' Cod. Theod. lib. ix.tit. i. de Accusation, leg. i. Ita mihi sumraa divi-
uitas semper propitia sit, et me incolumemprtEStet, ut cupio, felirissimfi et flo-
rente republica. * Cod. Theod. lib. ii. tit. 0. de Pactis.
leg. 8. Si quis adversus pacta putaverit esse veniendum, non iinplendo pro-
missa ea quae invocato nomine Dei Omnipotentis, eo Auctore solidaverit, iim-
ratur infamia, &c. Eos ctiam hujus litis vel jacturu dignos Jubemus esse
vel munere, quiiiomina nostra placitis inserentes. salutem principum confir-
mationem inifarura esse juraverint pactioiium. "• Terlul. Apol. cap. .xxxii.
Sed *tjuranius, sicut non pergenios Caesarum, ita per fialutem eorum, que f.^t
iugustior omnibus gpniis, &c.
■CHAP, VH,] OMRISTIAN OHUKCH. •ill
oath of that : but for the dfemons, or g'enii, they were used
to abjuro thorn, in order to cast thorn out of the bodies of
men, not to swear by them, and thereby confer divine ho-
nour upon them." Athanasius mentions tbe same form as
used in his time, both by the Cathohcs, and by Syrianus the
prefect of Egypt, telhng Constantius,' that he swore by his
safety. And the like instances are g-ivcn by Sozomen,'
and Zosimus/ the heathen liistorian. In the collation of Car-
thage, Marcellinus, the Emperor's commissioner, who was
appointed to hear the del)ate between the Catholics and the
Donatists in the time of Honorius, at the entrance of the
dispute promised both sides upon oath by the admirable
mystery of the Trinity, and the sacrament or mystery of the
divine incarnation,* and the safety of the Emperors, that he
would judge truly according to the allegations of the par-
ies. And the same form was observed in the military oath
taken by the soldiers, when they entered upon the muster-
roll, as we learn from Vegetius, who lived in the time of
the younger Valentinian: he says,* they swore by God, by-
Christ, and the Holy Spirit, and the majesty of the Empe-
ror, which next to God is to be loved and honoured by man-
kind. In many other cases the law required men to swear
upon weighty concerns. Constantine required every wit-
ness to take an oath before he gave his testimony in any
cause.* And Justinian not only confirmed this in his Code/
but added several other cases, in which not only witnesses,
but also both the plaintiff' and defendant, and the advocates
were to take their several oaths upon the Gospels. And
this was ca.\[iid, Juramenlum de calumnid, the oafk of ca-
lumny,^ where the plaintiff was particularly obliged before
' Athan. Epist. ad Monachos. torn. i. p. 866. Vide Atlian. Apol. ad Con-
stant, torn. i. p. 689. * Sozom, lib. ix. cap. 7.
• Zosim. Hist. lib. v. * CoUat. Carth. die. i. cap. T. Per
admirabile inysteriumTrinitatis, per iiicaniationis Dominica; sacrainentum,
et per salutem principum, quod veri invenerit fides, judicaturum me esse pro-
mitto. ' Veget. de Re Militari, lib. i. cap. 5.
• Cod. Theod. lib. xi. tit. xxxix. leg. 3. Jurisjurandi religione testes prius
quani perhibeanl testimonium, jamdudum artari prtecipimus.
' Justin. Cod. lib. iv. lit. 20. deTeslibus. leg. 9. * Cod.
Justin, tit. o9. de .lurejuiaudo piopter Caluniniaai. l«'g. I mid -J.
312 THE ANTIQUITIES OF THE [bOOK XVI
he could prosecute his notion, to swear, that he did not
brine his action ao-ainst his adversarv with any design to
ca!u7nniafe him. but l^ecause he thougiu he had a just and
righteous cause: and the defendant was to take a Hke oath
before he could <rive in his answer. Tliev were likewise
obhged by another law to swear,^ that they had given no
bribe to the judges or any other person, nor promised to
give anj', nor would liereafter give anj'. And it has been
observed before,^ that to prevent simony in elections to ec-
clesiastical preferments, the electors were obliged by the
same laws of Justinian^ to depose upon outh, that they did
not chusc the party elected either for gift, promise, or friend-
ship, or any other reason, but Vjccause they knew him to be
in every respect well qualified for such a station. And the
party ordained was likewise to take an oath,* upon the Holy
Gospels, at the time of his ordination, that l;e had neither
given by himself, or other, nor promised to g'lve, nor would
hereafter give to his ordainer, or to any of his electors, or
any other persons any thing to procure him an ordination.
And for any bishop to ordain another bishop without observ-
ing this rule, is deposition by the same law both for the
ordained and his ordainer. Which shews also, that the
injunction of takinsf necessary oaths did not only bind in
secular and civil atl'airs but in ecclesiastical and sacred like-
wise. And here not to insist upon all that is said in private
writers ; as Athanasius requiring of Constantius,^ that his
accusers might be put to their oath : and Evqgrius, archdea-
con of Constantinople,'' swearing upon the Holy Gospels ;
and what is said by St. Austin,'' and many others in justi-
fication of this practice in necessary cases: I only observe
that in some Councils oaths are expressly required by gene-
ral and provincial Cjuncils in many cases. The oath of
fidelity to king's is required by the fifth Council of Toledo,*
' Justin. Novel. 124. cap. i. ' Chap. vi. sect. 28.
' Justin. Novel. 1?.3. cap. i. * Justin. Novel. 137. cap. ii.
* Athan. Apol. ad Constantium. toni. i. p. 67S. ® Sozomen.
lib. vi.cap. 30. ' Aug. Ep. IJ4. ad Publicolani. Ser. xxx.
(ie Verbis Apostoli. lib. i. de Serin. Doin. cap. xxx. Gresj. Naz. Ep. 219.
Rd Theodort'in. Basil, in J'sal. xiv toin. i. p. 133. Hieron. in .Mat. v.
*" Con. Tolc". v.can.l?. Hoc quod divini's sncrainontis spospondimuj, Ae.
CHAP. VII.] niRlSTlAN CIIL'KCII. 313
to be taken by all, both elorg-y and laity. And a referonce
is made to a former Council of all Spain, where the same
oath was established. That is, the fourth Council of Toledo,
u here a complaint is made,' of many nations breaking- the
oath of fidelity taken to their kings : wl»ich, they rightly
observe, destroys their credit with all nations in matters of
leao-ues and treaties about peace and war. For wliat enemy
can depend upon their promises, thoug-h given upon oath,
who do not preserve the taith, which they swear to their
own kings ? Such violation of oaths and fidelity to their
kino-s. is sacrilege. ' because it is not only a breach of com-
pact ag-ainst them, but ag-ainst God, in whose name the
promise is made. The same Council,^ takes notice of king-s
promising- upon oath to pardon criminals in some special
cases. And the eighth Council of Toledo, mentions many
eases, in which it was usual to confirm matters with a so-
lemn oath f as the making- of leagues ; the settling- of last-
ing and inviolable friendship ; the taking of the evidence
and depositions of witnesses in law; and in want of such
evidence, the allowing a man to clear his own innocence by
an oath of purgation. And in the sixth general Council,
held at Constantinople, Georgius Chartophylax is appointed
several times to take his corporal oath by the Holy Scrip-
tures and God, that speaksin them,* concerning certain things,
the truth of which he was to attest before the Council.
From all which it is evident, that the ancient Christians
thought it a very lawful thing to ratify and confirm their
faith by the formality of an oath, upon just and necessary
occasions; and consequently, that there could be no rule
to prohibit it, much less to make it acrime worthy of ecclesi-
astical censure.
' Con. Tolet. Iv. can. 74. Qiuu in hnstibiis jurata sponsio stabilis per-
manebit, quando nee ipsis propriis regibiis juratam fidem conservanl .' —
Sacrilcgium quippe est, si violetur a gentibus regum suorum promissa fides:
quia non solum in eos sit pacti transgressio, sed etin Dcutn, in cuj us nomine
poUicetur ipsa promissio, &c. * Ibid. can. xxx. Jureju-
rando supplicii indulgentia promittitur. ' Con. Tolet. viii.
can. ii. Onine quod in pacis foedera venit, tunc solidius subsislit, cum juia-
nienti hoc interpositio roboiat, &c. * Con. vi. C.P. act. xiii.
)). 378. Edit. Crab. Georgius Chaitopliylax juravit hoc raodo: Per has
sanctas Sciiphiras, rt Dcuni qui piT ras locutus est, &r. It. Act. xiv.p. 382.
314 THt ANTIQLITIKS OF THK [bOOK XVI.
Sbct. 6. — But only the Custom of vain and common Swearinf^.
Neitlier was it every single act of vain and common swear-
ing, that brought a man under public discipline. For
though every such act was esteemed a crime, yet it was not
like the single act of apostacy or idolatry, or murder or adul-
tery, but it must be a custom or habit of this vice, that made
a man liable to the severity of excommunication. Tertulliau^
says expressly, that every rash and vain oath did not bring
a man under the discipline of public penance, but was rec-
koned among the sins of daily incursion, for which private
repentance was appointed. And St. Chrysostom, who is most
vehement and severe against this vice, does not threaten men
with excommunication for every single act of it, but for ob-
stinate continuance in the custom and practice of it after
suflicient admonition. Having preached a whole Lent
against swearing to the people of Antioch, he thus con-
cludes his last discourse:^ " The forty days of Lent are al-
ready past; if Easter passes likewise without reforming this
wicked custom, I will thenceforward pardon no man, nor
use any longer admonition, but commanding authority, and
sharpness not to be despised. It is no just apology in this
case to plead custom. For why may not the robber as well
plead custom, and thereby excuse himself from punishment'?
and why may not the murderer and adulterer do the same'?
Therefore I i>rotest and denounce beforehand, that if T ap-
prehend any, who have not corrected this vice, I will inflict
punishment upon them, and order them to be excluded from
the participation of the holy mysteries." So again, in ano-
ther Homily,' to the people of Antioch: " For this sin we
mourn and lament : but if 1 find any to persist in it, I will
exclude them from entering the doors of the Church, and
partaking of the heavenly mysteries. Nor let any one think
to insult me by the help of his riches or power. Those
things are no more to me than a mere fable, a shadow, or a
' Tertul.de Pudicit. cap. xix. See before, chap. iii. sect. li.
• Clirys. Horn. xxii. ad Pop. .\ntioch. torn. i. p. 291. * Chrvi.
-lloni.x\ii. ill Mat. p. 182.
CHAP, VU.] CHRiSTlAN OHUKCM. 315
dream. No rich man will be able tube my advocate, wlieii
I am accused before God's tribunal, that I did not uith all
my power and might assert and vindicate the laws of God,
by punishing- the transgressors of them."
Sect. 6. — And Swearing by the Creaturek.
Another transgression of this command, was swearing by
the creatures. Ihe fourth Council of Carthage orders a
clergyman,' that was found guilty of this crime, to be first
sharply reproved, and if he persist in his fault, to be excom-
municated. St. Jerom says,^ our Saviour prohibited it in
those words, " Thou sliall not swear by heaven, nor by earth,
nor Jerusalem, nor by thy head." And there goes a decree
under the name of Pope Pius I.^ which forbids men not only
to swear by the hair, or head of God, or any other such blas-
phemous oaths, but by the creature, under the penalty of
excommunication.
But because this may seem to contradict what they said
before, that a man might lawfully swear by the Emperors
safety ; we are to consider, that in such oaths they did not
properly swear by the creatures, invoking them as witnes-
ses of the truth of what they said, but only naming them
with some relation to God, by whom they swore. Which,
as learned men observe,* may lawfully be done two ways.
1. In execratory oaths, when a man devotes any creature,
in which he himself has some right and property, and as it
were oppignorates it to the severe vengeance of God, the
Judge, if he swear falsely. Thus a man may in a serious
' Con. Carth. iv. can. 61. Clericum per creaturas jurantera, acerrime
objurgandum. Si perstiterit iu vitio, exconiraunicaudum.
' Hieron. in Mat. v. Considera quod hie Salvator non per Deum jurare pro-
hibuerit, sed per coelum, et terram, et Hierosolymara, et per caput tuum.
' Ap. Gratian. caus. xxii. quaest. i. cap. IG. Si quis per capillum Dei vel
caput juraverif, vel alio modo blasphemia contra Deum usus fuerit; si eccle-
siastico ordine est, deponatur; si laicus, anathcinatizetur. Et si quis per
rreaturnin jiiraveiit, acenime castigetur, &c. * Vid. Rivet, in
Decslog. p. 126.
31G THE ANTl«UirilC3 OF THI [bOOK XVl.
matter devote liis head, his soul, his children, or any other
thincr belonirinsr to him, if he knouinjrly forswear himself.
Such examples of oaths we have in Scripture, which respect
God always directly as witness and judge ; and the creature
only as somethino- dear to us, which we are willing to pawn,
to certify our neighbour thereby, that we intend not to deceive
him, to the destruction of ourselves, or any things, that are
hinhlv valued by us. Thus David swears, Psal. vii. 5. •" If
1 have I done any such thing, O Lord, my God, or if there
be any wickedness in my hands, then let my enemy perse-
cute my soul."' So St. Paul, 2 Cor. i. 23. " 1 call God
for a record upon mv soul." And thus men were used to
swear by their head, devoting it to a curse, if they wit-
tingly falsified. This way of using tlie name of a creature
in an oath is reputed lawful ; because this is not properly
the oath, but only an appendix of it.
2. The other way of mentioning the creatures in an oath,
without swearing by them, is, when by a testification of the
civil respect and affection they have for them, they likewise
signify in the presence of God, the truth of what they say
to men, that it is as certainly true, as they certainly and
undoubtedly wish tlie wealth and prosperity of such a crea-
ture or person. Thus Joseph, when he swore by God,
mentioned the life of Pharaoh, Gen. xlii. 15. which the
\'ulirf^r Latin renders, " Per saliiiem Pharaonis,^' from
the Septuagint, " Nr) tjjv vY>^ti-ff-v <I>apaoJ, — by the safety
of Pharaoh:' which is the same form, that, as we have
seen before, the primitive Christians used, when they inser-
ted the words, " Per salutcm hnperatoiis,^' into their or-
dinary oaths conceived in the name of God only. For
neither of these intended to swear by the creatures, but to
testify in the presence of God, that what they asserted was
as certainly true, as thej- wished the safety of Pharaoh, or
the Emperor, or as certainly as they were in health and in
being. l''or such forms may be taken either by way of
prayer, or asseveration and protestation; where tlie protes-
tation is plainly expressed, but that which is properly the
oath in the name of God is covertly understood. And in
this .sense both the ancient Christians and Joseph are to be
«WaP. VM] «llRlsriA> CMLKIMI. 317
understood. For as St. Basil observes,' there are some
modes of expression, vvhicli seenn to be oatlis, but are
not properly oaths, but only asseverations, to confirm the
truth to men: he instane(^s in that of Joseph, who swaro,
N?} TT}v vy'ifiav (papaoJ, — by the safety of Pharaoh ^
Sect. 7. — And by the Emperor's Genius, and Saints and Angels.
But the case was otherwise when men swore directly by
any creatures, as judges and reveng-ers of their thoughts,
if they were false and perfidious in th.eir deposition. There-
fore, though the Christians admitted the naming of the Em-
peror's safety in their oaths, they would never swear by the
Emperor's genius, because this was idolatry, and in efi'ect
apostatising to heathenism, and renouncing the Christian
religion. The persecutors required no more of them but
this, as a testimony of their renunciation. In the Passion of
Poly carp, recorded by Eusebius,^ the proconsul required
him frequently to swear by the Emperor's genius : to which
he constantly replied, " That he was a Christian." So in
the Acts of the Scillitan Martyrs in Afric,^ the judge bids
them only swear by the Emperor's genius, and that should
pass for an acknowledgment of the gentile religion : but
they answered, " We know nothing of the Emperor's ge-
nius, but we worship and serve the God of heaven." The
like is said by Origen,* " We swear not by the Emperor's
fortune or genius: for whether fortune be only a casual
thing, as some repute it, we swear not by that as a God,
which is nothing in the world, lest we should apply the
power of an oath to that, which we ought not; or whether
fortune be one of the daemons, as others say, we rather
chuse to die, than swear by an impious and wicked devil."
' Basil, in Psal. xiv. torn. i. p. 133. ' Euseb. lib. v. cap.
XV. p. 131. "0/iO(Tov rf)v Kaicrapoc rvx^v. -^'^'^
Mart. Scyllitan. ap. Baron, an. 202. n. 2. Proconsul, dixit: Taulum jura
per genium regis nostri. Speratus dixit, Ego imperatoris mundi genium
ntscio, sed coelesti Deo meo servio. * Orig. cont. Cels.
lib. viii. p. 121.
318 THE ANTIQI.ITIES OF THK [BOOK XVf.
The like is said by Minucius,* " That it was peculiar to tho
heathens to swear by the Emperor's genius, that is, his
daemon ; and that it was safer to forswear themselves by
the genius of Jupiter, than the g-enius of the Emperor."
Tertullian says,'' " Christians absolutely refused to swear
by this form, though they scrupled not to swear by the
Emperor's safety. But the heathen rebels were used to
swear by the Emperor's g-enius,^ at the same time that they
were plotting treason against him ;" which he frequently
retorts upon them, because they w ere used to charge Chris-
tians as traitors,* because they would not swear by the
Emperor's genius. The nature of this crime then, we see,
was plainly idolatry, and apostacy, in giving divine honour
to a daemon, instead of God, and thereby renouncing at
once the Christian religion. Whatever penalties therefore
were imposed on idolaters and apostates, the same^we may
conclude to have been the punishment of those, who in times
of persecution complied with the demands of the heathen,
to swear by the Emperor's genius or daemon, which was to
give divine honour to creatures, and the worst of creatures,
the apostate angels, who were in professed rebellion
against God.
To swear by good angels, or saints, or the Virgin Mary,
or their images and relics, though it had a more specious
pretence, was not much short of the former vice. For all
divine worship being appropriated to God by the doctrine
of the Ancients ; and the taking of an oath being one solemn
act of that worship ; they were no more disposed to swear
by an angel or a saint than by the Emperor's genius, or any
other thing, that might reasonably be interpreted a confer-
ring the honour of God upon the creature. Therefore Op-
tatus objects it to (he Donatists, as a great piece of inso-
' Mimic, p. 8S. Gi'iiiuin, id est, dffinioiu-m ejus implorant; et est eis tu-
tiusper Jovis geniuin pejerare qiiain regis.
• Tertul. Apol. cap. xxxii. * Ibid. cap. xixv. Unde
Cassii, et Nigri, et Aibini ? Omnes illi sub ipsa usque impietatis eruptione
et sacra faciebant pro salute imperatoris, et geniuin ejus dejerabant. It.
Lib. ad Scapulam. cap. ii. ♦ Tertul. ad Na-
tiones. ib. i. cap. 17.
CHAP. VII.] CllIilSTIAN CHimfMl. '.i\U
lence and impiety,' " That whereas men ought to swear only
by God alone, Donatus suflered those of his party to swear
by himself as a God." And his successors as greedily em-
braced this honour. For Optatus charg-es the same impi-
ety upon them all in general :^ " The people swear by you,
and are now connnonly known to put your persons in the
place of God. Men are used to name the name of God in
oaths to confirm their faith or veracity : but while they
swear by you, there is no mention of God or Christ among
your party. If divine religion be transplanted from heaven
to you, seeing men swear by your name, why do you not
assume the power of preventing all diseases in yourselves, and
those of your party "? Let no one die: command the clouds :
rain, if you can : that men may swear more perfectly by
your name, and take no notice of God. ' 0 Sacrilegium
hnpiefati commixtam, — 0 the sacrilege and impiety that
concurs together in your actions,'' whilst you willingly iiear
men swear by your names, and let not the name of God be
once mentioned in your ears." He says further,^ " That
they were used to swear by their pretended martyrs, though
they were men that suffered for their crimes, and not for
the cause of religion, by which it is evident, that in the
time of Optatus, to swear by the name of a man, whether
living or dead, was reckoned no less a crime than sacrilege
and impiety, as transferring the honour of God upon the
creature. And consequently, the same punishment, that
was due to sacrilege and impiety, must be supposed to be
the punishment of this crime in all those, that were guilty of
it ; though weread of few besides these heretics in those days,
that were disposed to run into it, till the worship of saints,
and angels, and the Virgin Mary, began to creep into the
Church ; and then together with that corruption came in
' Optat. lib. iii. p. 65. Cum per solum Deum soleant homines jurare,
passus est homines per se sic jurare, tanquam per Deum.
■ Lib. ii. p. 58. Populus vester per vos jurant, et personas vestras jam pro
Deo habere noscuntur, &c. ' Optat. lib. iii. p. 69.
Quos vos inter martyres ponitis, per quos, tanquam per unicam religioiism,
vestrcB communioniii homines jurant.
320 TME ANTIQUITIES OF IMhl [BOOk' XVf.
this other of joining- the Virg-in Mary, and the archangels
Michael and Gabriel, in the same oath with God. The form
of which sort of oaths, we have in one of Justinian's Novels,'
which obliges every ":overnor of a province to take an oath
of allegiance, and an oath against bribery, or corrupt en-
trance into his office, in this form : I swear by God Almighty
and his only begotten son our Lord Jesus Christ, and the Holy
Ghost, and the most holy glorious mother of God, and ever
Virgin Mary, and by the four Gospels, which I hold in my hand,
and by the holy archangels Michael and Gabriel, that I will
keep a pure conscience, and pay faithful and true allegiance to
their most sacred majesties Justinian and Theodora his con-
sort, who put me into this office. And 1 swear by the same
oath, that I neither gave, nor will give, nor promised to
give any thing to any one whatsoever for his patronage or
assistance in procuring me this administration ; but as I re-
ceived it without bribery, so I will execute it with with pu-
rity, being content with the public salary, that is appointed
me." The matter of this oath is exceeding good, but it
must be confessed, the form of it is a deviation from the
purity and simplicity of former ages, when oaths were only
made in the name of God, as a speciality of divine worship
peculiarly belonging' to him. This is the first instance I
remember of any oath of this kind allowed in the Church:
and it serves to shew in how short a time corruptions may
gain ground by authority ; for that which was reputed sacri-
lege and impiety in the time of Optatus, was now become
an instance of sino-ular devotion to the archang-els and the
Virgin Mary. There are many other things might be noted
concerning oaths ; but here I only speak of such things, as
relate to the discipline of the Church.
' Justin. Novel, ix. Juro tgo per Demn Omnipotentein, ct Filium ejus
Unigenitum Doininuiu nostrum Jesuni Cliristum, et Spirituiu Sanctum, et
per sanctam glnriosHin Dei Cieiietriceiii ct semper Virgincin Mariani, et per
quatuor evaiigclia, qua; in nianibus mt.'is tcnco, et per sanctos arcliangelos
Miciiaelem et Gabrielem, puram conscieutiara, gernianumque servitium me
servaturum sacratissimis nostris dominis Justiniano et Theodora; conjugi
ejus, &c.
CHAP. Vn.] CHRISTIAN CHl'llCH. 321
Sect. S. — Of Perjury, and its Piinisiiincnt.
Tlio noxt^Toat crimo, that might bo committod against tho
iiamc^ ami majesty of God, was perjury ; whicli might bo
committod either at tho time of taking- the oath, by swearing-
to a Ailso thing", or swearing- to do some wicked or un-
lawful thing- ; or else afterward, by not performing- what a
man lawfully might, when he was solemnly engaged upon
oath to do it. He, that swoio to do an unlawful thinir, as
suppose to live in perpetual enmity with another man, and
never be reconciled to him, was by the Council of Lerida'
to be cast out of communion a whole year for his perjury,
and oblig-ed to repent of his unlawful oath, and be recon-
ciled to his brotlier. For in this case, as the Fathers and
Canons determine,^ the unlawful oath was not to be kept,
lest it should involve him, like Herod, in a double or triple
sin ; but he was to rescind his oath, and repent of his per-
jury, which was better than to add one sin to another,
under pretence of piety and religion. In this case the pe-
nance was so much the shorter, because men were supposed
by some hasty passion to be involved rashly in this g-uilt, and
not by any settled consideration.
But in other cases, perjury in attesting a false thing-, or
not performing a lawful oath, was more severely treated.
For Chrysostom reckons perjury in the same class with
murder, fornication, and adultery.^ And St. Basil imposes
eleven years penance upon those, that woreg-uilty of it :*the
perjured person shall be a mourner two years, an hearer
three, a prostrator four, a co-stander one. The first Coun-
' Con. Ilerdens. can. \ii. Qui Sacramento se obligavcrit, ut litiifans cum
qnolibft, ad paccm mi'lo inodo redeat, i)ro pcrjurio uno anno a connnuniono
sanguinis ct corporis Doniinici segrogatus, rcatuni suuni ik-tibus, ck'ciuosy-
nis, et quantis protucrit jpjunlis absohat.
* Vid.Con. Tolft. viii. can. 2. Where the tostiinonios of St. Ambrose. St.
Austin, Gregory and Isidore, are cited at large Ic Ibis purpose. As also
inGratian. Cans. xxii. Quaest. 4. ' Cbrys. Horn. xvii.
n IVlat. p. IS2. It. Horn. xsii. de Irn. torn. i. p. 201-.
* Basil, ran. Ixiv.
VOL. VI. V
322 THE ANTIQUITIES OF TIIR [bOOK XVI.
cil of Mascon orders those', that drew others into lalse wit-
ness or perjury, to he cast out of communion to the hour of
dealh; and those, that were so drawn in, to be for ever after
incapable of g'iving- testimony, and to be noted as infamous
persons according- to the laws : meaning probably, the laws
of the state, as well as the laws of the Church. For, as
Gothofred shews at large, the Civil Law under the old Ro-
mans, set the brand of infamy upon all such perjured per-
sons; and Ilonorius added sever;il other penalties to give
new vigour to the ancient laws,'- and make them more eftec-
tuiil. I cannot here omit the relation, which Eusebius gives
of the divine vengeance pursuing- three perjured villains,
who combined together to swear to a false accusation, which
they had plotted before hand against Narcissus, bishop of
Jerusalem ; because it shews, that wlien church discipline
cannot take effect for want of evidence against the criminal,
Providence is sometimes pleased to interpose, and reveng-e
this crime by an immediate divine judgment. " Three
men," he says,^ " who were afraid to bo called in ques-
tion by the bishop, and punished for their wicked lives, re-
solved to be beforehand with him, by contriving: and brinof-
ing- an heavy accusation against him. And to gain credit
to tlieir accusation before the Cluirch, they each confirmed
it with a solemn oath. One of them wished, that if he
swore falsely, he might perish by fire ; another, that his
body might be consumed by some pestilential disease ; and
the third, that he might lose his eyes. The Church g-ave
no credit to their oaths, as knowing the bishop to be of a
clear and unblameable life : however, he being: not able to
bear the calumny, and beino- otherwise of a lono- time de-
sirous of a retired life, he thereupon withdrew into the wil-
(Ujrness, leaving- his Church, to live the life of an hermit.
But the great eye of justice did not thus suffer the matter to
' Coiu Alatiscon. i. can. 17. Si qiiis convictus fucrit alios ad falsuin
tcstiiiioniiiiii vfl perjurium atlraxisse, ipsu quiilein usque ad exitiim noncom-
iu\Miicet: hi ver6 qui ei in perjiiiioconseiisisse probantur, post ab omni sunt
tosliiiionio pvohihciiili, ft sccimduni Ifgevn iiifainiri nolabuntur.
" Vid. Cod. Theod. lib. ii. tit. ix. di- Pactis. leg. viil. Et Gothofred. in
Locum. ' Euseb. lib. vi. cap. ix.
CHAP. VH.] CHRISTIAN CHURCH. 323
rest, but presently revenged tlie miscreants uitli the curses
they had inijirocated upon themselves. For the first by a
littk) spark of lire, that casually happened in his house, and
whereof no one could give any account, was in tlie night,
himself, family, and house, universally burnt to ashes; the
second was from the sole of the foot to the crown of his
head over-run and consumed by the same pestilential disease
which he had wished upon himself; and the third seeing"
what had befallen the other two, and fearing the inevitable
vengeance of the all-seeing- God, confessed the whole plot
and contrivance of the calumny, which they had formed.
And he testified his repentance with so deep a sorrow, that
with the multitude of his tears he lost his sight. Thus
these perjured wretches, were punished by the hand of God,
when ecclesiastical censure, for want of evidence, could not
touch them."
Sect. 9.— Of Breach of Vows.
The last transgression of this commandment, that was
punished with ecclesiastical censure, was breach of vows,
or promises solemnly made to God. And this was
both in things and persons. If a man vowed to g-ive
liis estate, or any part of it, to the service of God ; it was
a breach of vow, including- sacrilege, to retract it. Ananias
was severely censured for this, in such an extraordinary way
by the apostolical rod and mouth of St. Peter, as, in St.
Basil's judgment,' left him no room for repentance. The
Church in after ages could not punish such delinquents in
that extraordinary manner: but as every such breach of
vow was a piece of sacrilege, as well as perfidiousness and
perjury, we may be sure, the common penalties, that were
infiicted on those two crimes singly, were no less carefully
imposed on this crime, where they centered both in combi-
nation. There was also a breach of vow, which concerned
the dedication of persons to God. The clergy were supposed
' Basil. Horn, de Institut. Monach.
Y 2
324 THE ANTiqUIT[KS OF THE [BOOK XVI.
to be more peculiarly God's inheritance, dedicating' them-
selves by a solemn act of their own voluntary choice to the
ministry of his Church: and therefore none ef this order were
allowed to desert their station, and turn seculars, ag-ain upon
the severest penalty of excommunication. As appears from
the rules of the general Council of Chalcedon,* and the
Council of Tours.^ Which the laws of the state confirmed
by proper sanctions of a civil nature,' ordering- all such
deserters to be delivered up to the Curia of their city, to
serve there all their lives ; and to forfeit all such estates as
they were possessed of, to the Church or monastery, to which
they belonged. For the same penalties were inflicted on
monks and consecrated virgins and widows, who by any so-
lemn vow had bid adieu to the world, and had betaken them-
selves to the ascetic life. If after this they married and re-
turned to a secular life; though the Church did not annul
their marriage, under the notion of being adulterous, which
is now commonly done in the Romish communion, yet she
imposed a certain penance upon them as guilty of perfi-
diousness and breach of vow. The Council of Chalcedon*
orders both monks and virgins to be excommunicated,
if they married after their solemn consecration and profes-
sion. St. Basil says,^ they were to do the penance of forni-
cators and adulterers. Not that he reckoned their marriage
fornication or adultery, but only to assig-n the term of their
penance. For as we have shewn elsewhere,'' out of St.
Austin,' such marriages were never reputed adultery, but
true marriages, and therefore not annulled by any rule of
the ancient Church : though now by the authority of the
Council of Trent the contrary practice prevails in the Ro-
mish Church, where all such marriages are reversed, and
the parties obliged to Separate from one another.
' Con. Chalced. can. vii. ' Con. Turon. can. v.
' Cod. Thcod. lib. xvi. tit. ii. do Epise. Ic^. xxxix. Cod. Justin, lib. i.
tit. iii. de Episc. Ipgf. 55. Of which sec more, Book vi. chap. iv. sect. I.
♦ Con. Chalced. can. xvi. Vid. Con. ToU't. iv. can. 54. Leo. Ep. xcii.
ad liusticiim. c. xii. Con. Ancyr. can. xix. * Basil, can.lx.
« Book vii. chap. iii. sect. 2.i. ' Aug. de Bono Vidui-
talis^ cap. x.
CHAP. Vlll.J CUKibTlAN CHURCH. 32;")
CHAR Vlll.
Of Sms atjainsl the Fourth Commandmcnl, or Violations of
the Law enjoining the Relicjious Observation of the Lords
Day.
Sect. 1. — Absentiiiflr from Rolip^ious Assemblies on the Lord's Day, how
punished by the Laws of the Cliurch.
Something has already been noted conccrniiii^ tlio reli-
jrious obseivuiion ot" the Lord's day in a former Book,* and
more uill be said hereafter, when we cotne to speak of the
festivals, of which tliis was always reckoned the princi[)ai in
tlie Christian Church. Here therefore our present snfjject
only requires us to remark such violations of the law en-
joining the religious observation of the Lord's day, as made
men liable to ecclesiastical censure.
And first, it being- a rule, that men should meet together,
to celebrtate all divine offices in public on the Lord's day ;
the voluntary absenting* from this service, either in whole,
or in part, was ever reputed a crime worthy of ecclcsiastieal
censure. To absent wholly, as heretics and schismatics
did, by a chosen separation, though they met in private con-
venticles of their own, was esteemed such a violation of the
law, as the Church thought fit to punish with the severest
censure of Anathema : as appears from several canons of
the Council of Gangra,^ which having been related at length
before,^ I need not here repeat them.
Secondly, if men, who were otherwise orthodox, neglec-
ted for any considerable time to frequent the Church on the
Lord's day, this was a misdemeanour deserving to be cor-
rected by a judicial suspension from the cumnmnion. This
' Book xiii. chap. ix. sect. I. ' Con. Ganjjreiib. can. v. vi. \\\. &c.
Bookxvi. chap. i. sect. 5.
326 THE ANTIQUITIES OF THE [bOOK XVI.*
may be seen in the Canons of Eliberis,' Sardlca,^ and the
Council of Trullo/ wliich for the same reason I forbear to
recite.
Sect. 2. — Of frequenting some Part of the Lord's Day Service, and neg-
lecting the Rest.
Thirdly, to frequent some part of divine service on the
Lord's day, and neglect or withdraw from the rest, was in
those days a crime of a ver^/ high nature, and punishable
with excommunication. This is evident from those called
the Apostolical Canons, one of which orders,* " that all com-
municants, who came to Church to hear the sermon and tlie
Scriptures read, but did not stay to join in the prayers and
receive the eucharist, should be suspended, as authors of
confusion and disorder in the Church." The same is de-
creed in the Council of Antioch in the same terms,* and
under the same penalty. The Council of Eliberis forbids
the bishop to receive the oblations of such as did not com-
municate.*^ Which was in effect to exclude them from the
communion of the Church. And the first Council of
Toledo orders such as come to Church,'^ but neglect to fre-
quent the communion, to be admonished ; and if upon ad-
monition they amend not, then to put them under public
penance, as great offenders. And another canon of the
same Council adds,^ " that if any present themselves to the
communion, and take the eucharist at the hands of the priest,
and yet forbear to eat it, they shall be driven out of the
Church as sacrilegious persons." All these canons suppose,
what we have fully evinced in a former book,' that the cele-
bration of the eucharist was a standing part of divine service
evcrv Lord's day : and that every Christian communicant
' Con. Eliber. can. xxi. * Con. Sardic can. xi.
8 Con. TruU. can. Ixxx. * Canon.
Apost. c. \ii. * Con. Antioch. can. ii. * Con. Eliber. can. xxviii.
Episcopuin, placuit, ab co (jui non conmuinicat, niuiura acciperc nou debcrc.
' Con.Tolet. i. can. xiii. ])e his qui intran* in ccclesiam, et deprehcndun-
tur nnnqiiam communicare, adinoneanlnr. Quod si non coiiinuinicant, ad
jiaMiitentiani acccdaiit.
* Ibid. ran. xiv. Si quis autcni accoptani a haccrdolc cucharistiani non
buinpseril, m iut sacrilcgus i)ropellalur. ^ JJonk xv. diap. ix.
CHAP. Vlll.J OimiSTlAN ClIUKCll. 327
will) uas not under penance, was ohlig-ed to partake thereof
to fultil the duty he owed to God upon this day : and there-
fore all such as neg-lcctod this part of divine woraliip, were
to he censured as transgressors, for contomnino- one princi-
l)al part of the rcUgious observation of the Lord's day. 1
cannot write this without lamenting the hard fate of many
pious persons in the present age, whose disposition would
incline them to be constant communicants every Lord's day,
but they want opportunity in the present posture of afiairs
to execute their good desig-ns. Such must content tliem-
selves with that of the Apostle, " if there be first a willing
mind, it is accepted according' to that a man hath, and not
according- to that he hath not;'' and in the mean time pray
to God to find out a method in his good providence to res-
tore the ancient discipline and primitive fervour. But I
proceed.
Sect. 3. — Fastinu on the Lord's Day prohibited under Pain of Excomnui-
nicatlon.
It was an ancient and general custom in the primitive
Church, to keep the Lord's day as a festival, and day of
rejoicing-, in memory of our Saviour's resurrection; and
never to fast on that day, no not even in the time of Lent.
And therefore to fast perversely on this day was always re-
puted a crime deserving ecclesiastical censure. TertuHian
says,' " they counted it a crime to fast on the Lord's day."
And he remarks, " that even the Montanists, who were the
most rigid in observing their times of fasting, omitted both
Saturday and Sunday throughout the year.^ For though
they observed three lents, and two weeks of Xe7'ophagia, or
dry meats, besides, yet they excepted the Sabbath or Satur-
day, and the Lord's day from these laws of fasting." St.
Ambrose likewise tells us/ " that the Catholics were used
' Tertul. de Coron. Mil. rap. iii. Die Domiiiico jejunare ncfas ilucinuis.
* Iddi'Jejun. adversus Psychicos. cap. xv. Duas in anno hebdomadas
xoiophagiaruni, nee totas, exceptis scilicet sabbatis et doniinicis, Deo otle-
linuis. ■'' Anibios. de Klia et .lejunio. cap. x. Qnadragesiniic
lotis, pricier sabb.ituni el douiinicani, jejiiuatur tliebus.
328 THE ANTIQUITIES OF THE [bOOK XVI.
to except these two days in their Lent fasts. They never
fasted on the Lord's day, but thoug-ht they had reason to
condemn tlie Manichces for so doing- :' for to appoint that
day to be a fast day, was in effect to disbeUcve the resurrec-
tion of Christ." Several other heretics besides the Mani-
chees, were condemned for this practice by the first Council
of Braga :- they particularly name the Cerdonians, Marcio-
nites and Priscillianists, whom they anathematise upon this
account, as fasting- on the day of Christ's nativity and the
Lord's day, because they did tliis in derogation to the truth
of Christ's human nature. Pope Leo notes the Priscillianists^
upon the same account.* And the fourth Council of
Carthag-e censures them as no Catholics, who choose to
fast upon this day. St. Austin not only says,^ that it was
the custom of the whole Catholic Church, to abstain
from fasting- on this daj, but that no one could do
otherwise without giving- g-reat scandal to the Churchy
because the impious Manichees had chosen this day
particularly to fast upon in opposition to the Church.*"'
Upon these g-rounds and reasons the canons are very severe
in their censures of such transoressors. " If any one fast
on the Lord's day," says the Council of Gangra,' " thoug-h
it be under pretence of leading an ascetio life, let him be
anathema^ In like manner the Apostolical Canons,^ " if
any clergyman fast on the Lord's day, or sabbath, one only
excepted, viz. the sabbath before Easter, let him be deposed.
If he be a layman, let him be cast out of the communion of
' Ambr. Ep. Ixxxiii. Dominic^ jejunare non possumus, quia Manichajos
t-tiam ob istius diei jujunia jure damnamus. Hoc enim est in resurrL'ctio-
neni Christi non ciodcie, si (luis logcni .jcjunii die icsurrectionis indicat.
" Con. Bracar. i. can. 4. Si quis natalo Cliristi secundum carnem \w\\
verc honoret, sef. honorarc sc sinudat, jejunans in codom die et in doniinico;
(juia Christum in vera honnnis natura non credit, sicut Cerdon, I\Iarcion,
Manichicus, et PrisciUianus, anatliema sit.
' Leo' Ep.xciii. ad Turbinm. cap. iv. ' Con. Carlh. iv. can. 01.
Qui Doniiiiico die sludiose jejunal, non crcdatur catliolicus.
^ Aug. Ep. Hi), ad .Januar. cap. xv. •* Aug. Ep Ixxxvi. ad Casulan.
' Con. Gangren. can. xviii. Ei rtr ota vof^Li^ofitvt\v daKi]C!u> iv ry KvniaK^
I'ljmuoi, avi'i'iiliai'Tt.o. "Canon. Af.cost. Ixiv.
CHAP. VIll.] CHRISTIAN CHURCH. " 320
the Church/' And this is repeated in the Council of Tndio,'
and other rules of the ancient Church.
Sect. 4. — FrcqueiUiiig tlio Thcatrt- and otlitM- Shows and Pastimes on this
Day, how punished.
There were many other rules made by the Ancients for the
decent observation of the Lord's day : as, that men shouhl
abstain from all unnecessary bodily hibour; that all lawsuits
and pleading's and prosecutions should cease upon this day ;
that divine service should be performed standing-, in memory
of our Saviour's resurrection : but as the trang*ressions of
these rules are not usually mentioned with the same commi-
nation of ecclesiastical punishments, the consideration of
them belono's not to this head, but shall be reserved for its
proper place, under the title of festivals, where the observa-
tion of the Lord's day will come again more particularly to
be considered. But there is one thing more that must not
here be omitted : which is, that when men neglected the
public service of God, to follow vain sports and pastimes on
this day, this was thought a crime worthy to be corrected
by the severest censures of the Church. The imperial laws
forbad all public games and shows on this day. Theodosius
the Great speaks of two laws made by himself to this pur-
pose.^ And Theodosius junior made another,^ wherein he
not only forbids the exhibiting of the shows on the Lord's
day, but on the other great festivals, the Nativity, Epiphany,
Easter, and Pentecost. But no penalties being annexed to
these laws, there was still occasion for the laws of the
' Con. Trull, can. Iv. Vid. Con. Ctesar-august. c. ii.
^ Cod. Thcod. lib. xv. tit. 5. de Spectaculis. leg. ii. Illud ctiam pramo-
iicmus, ne quis in legem nostram, quanidudum tulinuis, committal : nuUus
solis die populo spcctaculum praibeat, nee divinam venerationeni confectS,
solennitate confundat. ^ Ibid, leg. v. Dominico, qui septinuuiK
totius primus est dies, et natalo, atque epiphaniorum Christi, Pascha; etiani
ot Quinquagcsima; diebus — onini theatrorum alijue circensium volupiate
populis denegalfi, tota; Christianorura acfidclium nientes Dei cultibus oicii-
pantur, &c. Vid. Cod. Justin, lib. iii. tit. 1"^. de Feriis. kg. xi. Leonis et
Anthemii.
330 THE ANTIQUITIES OF THE [bOOK XVI.
Church to restrain men by ecclesiastical censures. And
therefore the canons made this crime to be noted as an hei-
nous offence, and punished the transgressors with excom-
munication. *' If any one on a solemn day, " says the
fourth Council of Carthag-e,* " leave the solemn assembly
of the Church, to go to the shows, let him be excommuni-
cated." And another canon excommunicates those, who
leave the Church, whilst the bishop is preaching.^ The
fifth Council of Carthage, as it is related in the African
Code,^ petitioned the Emperor Honorins to forbid all thea-
trical shows on the Lord's day and all the great festivals.
St. Chrysostom calls them* " Saravtica avvid^na, the conven-
tions ofsatanr ond tells his auditory, " he would no longer
use gentle remedies, but styptics and caustics, to put a
stop to the raging distemper. They that continued in this
crime after this formal admonition, should be no longer en-
dured, but feel ihe w eight of the ecclesiastical laws, and
learn thereby not to contemn the divine oracles," By which
it is evident, that though the games and pastimes of the
circus and the theatre were still allowed under the Christian
emperors, yet they were ])recisely forbidden on the Lord's
day : and to frequent them at that time, w as one of those
great transgressions, for which men felt the heaviest cen-
sures of the Church.
' Con. Carth iv. can. 8S. Qui die solenni pra;termisso solenni ecclcsia;
convenlu, ad spectacula vadit, excoininuriicotur.
* Ibid. can. xxiv. Sacerdote ycrbum facicnte in ecclesiS, qni deauditorio
egressus fuerit, fxcomniunicetur. ^ Cod. Afric. can. Ixi.
* Chrys. Honi, vi. in Gen. torn. ii. p. 63.
CHAl'. IX.] CIIUISTIAN CHURCH. 331
CHAP. IX.
Of great Transgressions against the Fifth Commandment^
Disobedience to Parents, and Masters; Treason and
Rebellion against Princes ; and Contempt of the Laws
of the Church.
Sect. 1. — Cliildron not to desert their Parents under Pretence of Religion.
The Censure of such as taught otherwise.
Under the name of parents is commonly understood not
only the natural parents, but also the political or civil, that
is, magistrates and rulers; as also spiritual parents, that is,
the governors of the Church ; and oeconomical parents, that is,
masters of famiUes ; whose authority respectively over their
children, subjects, people, and servants being very great,
it was thought proper to secure it not only by the laws of
the state, but also by the laws and spiritual censures of the
Church.
Children by the old Roman law were esteemed so much
the property and possession of their parents, that they had
power of life and death over them;' and also might sell
them to be slaves without redemption,^ in cases of extreme
necessity for their own maintenance, as appears from several
laws in both the codes ; and the complaints made by the
Ancients of this hardship;^ and the allusion, which our
Saviour makes in the parable to the like custom among the
Jews; Mat. xviii, where the Lord commands his debtor to
• Cod. Justin, lib. viii. tit. 47. de Patria Potestate. leg. x. Patribus jus
vitae in liberos necisque potestas olim erat permissa.
' Cod. Theod. lib. lib. iii. tit. 3. De Patribus qui filios distraxerunt. leg. i,
et lib. V. tit. 8. De his qui sanguinoU-ntos emptos acceperint. Et. lib. xl.
tit. 27. Dealimentis qua; inopes parenteR de publico petere debent. leg i. et
ii. It. Valentin. Novel, xi. * Vid. Basil, lloni. iu Psal. xiv. torn. i.
p. 141.
332 THE ANTIQUITIES OF THE [bOOK XVI.
be sold, and his wife and children and all that he had, and
payment to he made. And thou oh tlie laws of Christian
emperors a little restrained this exhorliitant power of parents;
taking- from them the power of life and death ; and allowing-
children to be maintained out of the public revenue, to
prevent being sold ;' or to be redeemed again, if sold: yet
still they left a considerable [)ower in the hands of parents
to dispose of their children, whilst they were minors or under
age, only excepting- the cases of slavery and death. For
till the time of Justinian, children were not allowed to be-
take themselves to a monastic life without or ag-ainst the
consent of their parents. Which is evident from the rule of
St, Basil,^ which forbids children to be received into monas-
teries, unless they were olfered by their parents, if their
parents were alive. And the Council of Gangra lays an
heavy penalty upon them :^ " if any children under pretence
of religion forsake their parents, and give them not the
honor due unto them, let them be Anathema^ This doc-
trine was taught and propagated by the Eustathian heretics,
who also taught, that women might leave their husbands,
and parents desert their children, and take no further care
of them, under the same pretence of betaking themselves
to a monastic life. Against whom the same Council made
several other canons,* imposing the like penalty upon them.
Sbct. 2. — Children not to marry without Consent of their Parents.
Another branch of paternal power was the right, which
]>arents had to dispose of their children in marriage: which
right was so carefully guarded by the imperial laws, that
we scarce tind any crime so severely revenged, as the viola-
tion of it, when children, who were under their parents'
power, married without, or against the consent of their
parents, or such guardians and tutors as were in the room
of them. Witness that famous law of Constantine in the
' Cod. Theod. lib. ix. til. xv. Dp his qui paicntcs vil liheros cccidciuiil.
Lege unica. El lib. xi. tit. xxvii. leg. i. it ii. -' Basil, llcgui.
Major. (|. XV. ^ Con. Gangren. can. x\i.
* ]i)i(l. L-an. xiii. xiv. xv.
CHAP. IX.] CHRISTIAN CHURCH. 333
Thoodoslan Code,' wliich runs in those terms : " if any one,
uitlutut (iist obtaining- the consent of parents, steal u virgin
at>ainst her will, or carry her off by her own consent, ho[)ino-
that her consent will protect him ; he shall have no benefit
from such consent, as the ancient laws have determined ;
but the virgin herself shall be held g"uilty, as partaker in
the crime. If any nurse bo instrumental or accessary to
the fact, by her persuasions, which often defeat the parents
care, her detestable service shall be revenged by pouring
molten lead into her mouth, that ministered such wicked
counsels. If the virg-in bo detected to have given her con-
sent, she shall be punished with the same severity as the
raptor himself: seeing, she that is stolen away against her
will, is not suffered to go unpunished ; because she might
have kept herself at home ; or if she was taken by violence
out of her father's house, she should have cried out for help
to the neighbourhood, and used all means possible to defend
herself. But on such we impose only a lighter punishment,
denying them the right of succeeding to tlieir father's inheri-
tance. But the raptor himself, being clearly convicted,
shall have no benefit of appeal. If parents who are chiefly
concerned to prosecute tliis crime, connive at it, they shall
be banished. All, who are partners or assistants to the
raptor, shall be liable to the same punishment without dis-
tinction of sex. And if any such be slaves, they shall be
burnt alive." This law of Constantine's is confirmed by
another law of his son Constans : only with this difference,^
that whereas Constantino's law ordered the criminals to be
burnt alive, or thrown to the wild beasts, as Gothofred
interprets it 5 this of Constans so far moderated the punish-
• Cod. Tlii'od. lib. ix. tit. xxiv. De rnptu virKiiuui! ot viduiirum lopr. i.
Si quis nihil cum parentibus pucUffi ante depectus, invitani t-ain rapuerif,
vel volentem abduxerit nihil ei secundum jus velus profit puellte res-
ponsio, sed ipsa pucUa potius societate criminis obli^etur, &c.
' Cod. Theod. ibid. \eg. ii. Quamvis legis prioris extet auctoritas, qua
inclitus paternoster contra raptores atrocissime jusserat vindicari, tameii
nos tantunimodo capitalem panam constituinius; videlicet, ne sub specie
atrocioris judieii ali([ua in ulciscondo crimine dilalio nasceretur. In auda-
ciam vero servilcm dispari suppliclo mensura legum impcndenda est, ut
perurendi subiiciiuitur i!?iiihus.
334 THE ANTIQUITIES OF THE [boOK XVI.
ment, as to let it be only a common death, tliat it mig-ht
more duly he put in exccntion. Vet if any slaves were con-
cerned in aiding- the raptors in such attempts, they were still
to be burnt alive, according to the tenor of the former law.
By another law of Valentinian^ and Gratian, widows are
not allowed to marry a second time without the consent of
their parents, if they were under the age of twenty-five
years, although they were sui juris, and enjoyed the liberty
of emancipation. And there are many other laws in both
the codes,^ to the same purpose Tlie ecclesiastical laws m
this concur with the civil law. St. Austin says expressly,'
*' that mothers as well as fathers have this right in their
children, to dispose of them in marriage, unless they be of
that ajre, which gives them liberty to choose for themselves.
Tertullian says the same,* " that children cannot lawfully
marry without the consent of their earthly parents.'" St. Basu*
in one of his Canons gives directions, that they, who stole vir-
gins, should be treated as fornicators, that is, do four years
penance ; and when the virgins were restored to their
guardians, it was at their discretion, whether "'they would
give them in marriage to the raptors or not. In another
Canon he says,*^ "If slaves marry without the consent of their
masters, or children without the consent of their parents ;
it is not matrimony, but fornication, till they ratify it by their
consent." Again,'^ " If virgins, who are under the power of
their parents, marry without their consent, they are to be
treated as harlots. If their parents are afterwards recon-
ciled to them, and give their consent, yet they shall do three
years penance for their first transgression." And again,^
• Cod. Theod. lib. iii. fit. 7. do Nuptiis. leg. i. Vidua; infra xxv. annum
degentes, etiainsi eniancip.itionis libertate gaudcant, tanicn in secundas niip-
tias non sine patris scntentifi conveniant. * Vid. Cod. Theod.
ibid. leg. iii. Cod. Justin, lib. v. tit. 4. de Nuptiis. leg. i, ii, vii, xx. Justin.
Instil, lib. i. tit. x. de Nuptiis. ^ Aug. Ep. 233. ad Benenatuin.
Matris voluntateni in tiadendfi filiTi omnibus, ut arbitror, natura preeponit,
nisi eadem puella in oft jam a-tate fuerit, ut jure licenfiori sibi ipsi eligat
quid velit. * Tertul.ad Uxor. lib. ii. cap. ix. Nam nee in terris
filii sine consensu patrnm rite et jure nubent. * Basil, can. xxii.
« Ibid. can. xlii. ' Ibid. can. xxxviii. Et ap Mathoeum Monach. Rcspons.
Matrimon. in Jure Gr, lUini. Lounclavii.p. 50'J. <• Basil, can, xl.
OIIAP, IX.] CriRlSTlAN CHURCH, 335
" Ft" ii sliiv(^ maiTV wltlioiit the consiMit of licr master, she
dill'er.s nothing- iVoni an liaiUjt. For contracts, made without
the consent of those, under whose power they are, hiive no
vahdity, but are null. And therefore, thougli the master
afterward give liis consent, and make the marriag-e good,
yet the first fault shall be punished as fornication."
Sect. 3. — Nor Slaves without the Consent of their Masters.
It appears from two of these last mentioned canons, that
slaves wore as much under the power of their masters, as
children were under their parents: and therefore it was
equally a crime for a slave to marry without the consent of
the master, as for a child to do it without consent of parents.
And for the same reason a slave was not allowed either to
enter himself into a monastary, or take orders, without the
consent of his master, as has been shewn in other places,'
because this was to deprive his master of his legal right of
service, which by the original state and condition of slaves
was his due : and the Church would not be accessary to
such frauds and injustice, but rather discourag-e them by
prohibitions and suitable penalties laid upon them.
SccT. 4. — The Punishment of Treason and Disrespect to Princes.
Another sort of parents, whose honour was intended to be
secured by this command, were the political parents, patres
patrifs, kings and emperors, whose authorityand majesty w'as
reputed sacred and supreme next under God. And therefore
all disloyalty and disrespect shewed to them, either in word
or action, was always severely chastised by the laws of the
Church. I need not here suggest what civil penalties were
indicted by the laws of the state upon transgressors in this
kind, because the ancient Civil Codes are full of them under
several titles, which the learned reader may consult
at his own leisure, such as speaking- evil of dig--
nities f counterfeiting- their letters \^ corrupting or counter-
' Book. iv. chap. iv. sect. 3. Book vii. chap. iii. sect. 2.
' Cod. Theod. lib. ix. tit. -l. Si quis iniperatori mali'dixerit. lej. i.
* Cod. Tlieod. lib. ix. tit. 19. ad Legem Corneliani de Falso. leg. iii.
336 THE ANTIQUITIES OF THE [bOOK XVI.
foiting their coin ;' consvlting- augurs or nstrologors about
the term of their life,- or using- any curious arts to
know who i^hould be their successor ; raisino- of tumults^
to the disturbance of the pubhc discipline; conspiring-
against their hvcs,* or government; bearing arms^ with
out their authority ; and the like crimes, which come
under the general names of sedition, treason, conspiracy,
and rebellion, which were always excepted in those
general indulgences,^ that the Emperors were wont to grant
at Easter to other criminals. I need not say further, that the
contempt of the imperial laws was usually reputed a sort of
sacrilege by the laws themselves,'^ and punished under that
title. That, v\hich I am chiefly concerned to remark here, is
tho ecclesiastical punishment of disloyalty and treason, and
all scandalous contempt of civil government ; against which
sort of crimes, whether in word or deed, the Ancients shewed
great resentment. For the first three hundred years they
gloried greatly over the Heathens in this, that though the
emperors were Heathens, and some of them furious perse-
cutors of the Christians, yet there were never any seditious
or disloyal persons to be found among* the persecuted
Christians. " You defame us," says Tertullian,^ " with
treason against the Emperor, and yet never could any AI-
binians, Nigrians, or Cassians, (persons that had taken arms
against the Emperors,) be found among tho Christians. —
Such as those, are they that swear by the Emperor's Genii,
that have offered sacrifice for their safety, that have often
' Cod.Thood. lib. Ix. tit. xxi. de Falsa Monota. tit. xxii. Siquis solidi cir-
culutn inciderit, vol adulteratuin subjcccrit. fit. xxiii. Si quis j)oeunias con-
flavorit, &c. * Ibid. tit. 16. de Malefic, et. Mathenrat. Ic". viii.
' Ibid. tit. xxxiii. de iis qui plebem audent contra publicam coliiprere
disciplinani. * Tbid. tit. o. ad Lct^em Juliam
Majpstatis. tit. vi. Ne prseter crimen inajestatis servus dominuin arruset.
tit. xiv. ad lc<?eni Corncliam de sicariis. tit. xl. de Po'nis. leg. xv, xvi. xvii.
lib. XV. tit. xiv. do Inliiinandis his ([ua; sub tyraunis gesta sunt.
* Ibid. lib. XV. tit. It. Ut annoruni usus inscio principc intcrdictus sit.
* Ibid. lib. X. tit. 38. de Induigeiitiis Criniinum.
^ Ibid. lib. vi. tit. v. lesj. *2. Sit plane sacrilegii reus qui divina pra;-
cepta ntijlexinif. il. tit. '21-. de Di)inesticis leg. iv. et cl tit. 85. de Pii\ ilegiis
Milituni Falatinor. leg. 13. & passim alibi. * Terful. ad Seapul.
cap. y.
CHAI'. IX.] CHRISTIAN CHURCH. 337
coiidemnotl Christians ; these are the men, that are found
enemies to the Emperors. A Christian is no man's enemy,
much less the Em[)eror's; knowing- him to be the ordinance
of God, he cannot but love, revere, and honour liim, and
desire, that he and the whole Roman Empire may be in
safety to the end of the world. We worship the Emperor
as much as is either lawful or expedient, as one that is next
to God ; we sacrifice for his safety, but it is only to his and
our God ; and in such manner as he has commanded, only
by holy prayer. For the great God needs no blood or sweet
perfumes : these are the banquets and repast of devils,
whom we not only reject, but expel at every turn," For
this reason, during- this interval, there was no need of eccle-
siastical punishments to correct traitors against the civil
government, because there were no such among Christians.
But w hen the whole world was become Christian, there w as
occasion for such laws to be made ag-ainst sedition and trea-
son. And then we find several canons to prevent or correct
it. The fourth Council of Carthage forbids the ordination
of any seditious persons,^ as those, that would be a scandal
to the profession. And this is repeated in the same wprds
by the Council of Agde.- The fourth Council of Toledo^
orders all clergymen, that took arms in any sedition, to be
deo-raded from their order, and to be confined to a monastery,
to do penance there all their lives. The fifth Council of
Toledo mentions an oath of allegiance,* which in a former
general Council of all Spain, was appointed to be taken by
all the subjects to the king and his heirs : and a most severe
anathema is pronounced against all, that should violate any
nart of it. Particularly thev excommunicate and anathcma-
1 V tv
' Con. Caiih. iv. can. 67. Seditionarios nunquam ordinanclos clericos*
sicut ucc usurarios, nee injurianim buaruin ultores.
' Con. Agalhen. c. Ixix. ^ Con. Tolct. iv. can, H. Clerici, qui
in qiificunqiie seditione anna volontes sunipserint, ant suinpsi>runt, repcrti,
jimisso ordinis sui gradu, in nionasterium contiadantnr pfriiitentiic,
* Con. Tolet. v. can, 2, Sit anathema in Christianoruni omnium coetu, ahjiu-
superno condemnetur judicio : Sit exprobrabilis omnibus Catholicis, et
abominabilis Sanctis angelis in ministerio Dei constitutis : sit in hoc sasculo
perdittis, et in future condemnatus, qui tarn reclae provisioni noluit prxberc
consensum.
VOL, VI. Z
«^38 TME ANTIQUiriKS OF THK [r.OOK XVI.
tize all tliat sliould pretend to usurp the throne,' without the
consent of the nobility and the whole Gothic nation ; all
that should make any curious and unlawful inquiries about
the fatal period of the life of the prince f all that should
speak evil of him: for it is written, " thou shalt not speak
evil of the ruler of thy people." If railers shall not inherit
the kingdom of God,^ how much rather ought such contem-
ners of the divine law, to be cast out of the Church 1 —
Finally, they made an order,* that in every Council held in
Spain, this decree concerning allegiance due to princes
should be read, when all other things were done, to the end
that no one might be unmindful of his duty and obligations
to the sovereign power. And accordingly, we find the same
decree repeated and confirmed in several other Councils of
tliat nation.*
Sect. 5. — Of Contemners of the Laws of the Church.
Tlie last sort of parents, to whom honour and obedience
is due, are the spiritual parents, or governors of the Church ;
the contempt of whose laws and rules made for the good
government, order, and edification of the Church, was
always thought a matter worthy of ecclesiastical censure.
There are innumerable instances of this in the acts and canons
of the ancient Councils: I shall content mvself with rel.^ting
two or three, which concern matters purely of ecclesiastical
observation. The Council of Antioch excommunicates all
those," who pertinaciously oppose the rule made about Easter
in the Council of Nice. The first Council of Carthage
more g'enerally censures all opposers of ecclesiastical orders :''
'■' If any one viciously transgress or contemn the decrees of
the Church ; if he be a layman, let him be excommunicated ;
if a clergyman, let him be deprived of the honour of his
order." The Council of P^pone in like manner concludes'
' Con. Toltt. V. can. iii. * Ibid. can. iv. * Ibid. can. v.
♦ Ibid. can. vii. * Con. Tolct. vi. can. xvii., et xviii. Tolet. xii. can.
i. Tok't. X. can. i\. " Con. Antioch. can. i. '' Con. Carth.
ean. xiv. Si quis flatuta supergressus corniperif, vel pro nihilo habenda
putaverit, si laicusest, coinmunione : si clericus est, honore privetur.
• Con. Ep«uni3Tts. can. xl. Si quis sanctorum antistitum qui staluta praisen-
CHAP, v.] CHRISTIAN CHURCH, 339
hor tloeiees \vi(h this sanction. " If any otig disorderly
transgress tlie rules and observations, which the holy bishops
have made in this present Council, and confirmed with their
subscri[)tions, let him know, that he shall be liable to the
judgment both of God and the Church." The fourth Council
of Toledo orders such,' as reject the use of the hymns and
prayers appointed by the Church, to be punished with ex-
communication. And King- Reccaredus in the third Council
of Toledo,^ besides excommunication, orders a civil penalty
of confiscation and banishment to be inflicted on such as
j)roudly contemned the rules then made in Council, and
refused to yield obedience to them. And laws of the same
import occur everywhere both in the civil and ecclesiastical
Codes, so that I need not trouble the learned reader with
any more of them, having sug-g-ested these few as a specimen
of that obedience, which was required to be paid to the laws
and authority of the Church under the penalty of excommu-
nication.
CHAP. X,
Of great Transgressions against the sixth Commandment ,
Murder, Manslaughter, Parricide, Self-Murder, Dis-
membering the Body, causing Abortion, S^c.
Sect. 1. — Murder ever leckoiipd a capital and unpardonable Crime by the
Laws of the State,
We arc now come to the great sin of murder, which the
civil laws always reckon among those CdUed Atrocia Delicta
tia subscriptionibus propriis firmaverunt, relicts integritate, observationes
excesserit, reum se divinitatis pariter et fraternitatis judicio futurum esse
cognoscat.
' Con. Tolet. iv. can, 12. Sicut orationes, ita et hymnos in laudem Dei
composites, nuUus nostifim ulterius improbet, sed pari modo in Gallicia His-
paniaque celebrent, i-xcomniunicatione plectendi, qui hyranos n jiccre fueriut
ausi. • Edict Reccarrdi ad calcam. Con. iii. Toletani.
z 2
340 THE ANTIQUITIES OF THE [BOOK XVI
and Airocis9ima Crimina, those heinous and capital crimes^
for which they neither allowed pardon nor appeal alter clear
conviction. This crime was always excepted in those in-
dulgences or general pardons,' which the Emperors granted
to criminals upon the account of their children's birth-days,
or the annual returns of the Easter-festival, or any the like
occasion. And whereas many other criminals were allowed
the benefit of appealing-, this was wholly denied to
murderers;^ nor might any such criminals anciently pretend
to shelter themselves by taking sanctuary in the Church,
which is expressly provided by a law of Justinian,^ determin-
ing who may or may not take refuge in the Church ; where
among those, to whom this privilege is denied, murderers
adulterers, and ravishersofvirgins are particularly recounted.
Sect. 9. — How punished by the Laws of the Church.
By the most ancient laws of some Churches, murderers seem
to have been subjected to a perpetual penance all their lives,
and by some denied communion even at the hour of death,
'iertullian says plainly,* that neither idolaters nor murderers
were admitted to the peace of the Church. And that he
means not here, by the Church, his own sect of the Mon-
tanists, but the Catholic Churches^ is concluded by learned
men from hence,* that he is arguing with the Catholics^
that they ought to deny adulterers the peace of the Church,
by the same reason and rule, that they denied it to idolaters
and murderers. Which implies at least, that some Catholic
Churches in Afric refused to admit murderers to communion.
Which is the more probable from what Cyprian says of some
of his predecessors/ " That they were used to deny fornica-
' t'ofl.Thi'od. lib. ix. tit. 38. de Indulgentiis Crimiimm. leg. 1, 3, 4, 6, 7, 8.
' Cod. Th. lib. xi. tit. Sfi. Quorum apptllationps non recipiendae. leg. i. —
Cum homiriduin, \v\ malelicuiu, vel vi'iieficum (qua: atrocissima crimina sunt)
confcssio projiria, &c. dtdexci it, provocationes suscipi non oportet. It leg. 7-
ibid. ' Justin. Novf'l. xvii. cup. 7. * Tertul. dc Pudicit*
cap. xii. Neque idolnlaliiii' nequc sanguini pax ab ecclesiis rcdditur.
* Vid. Albaspin. Observat. lib. ii. c. xv. p. 123. ^ Cypr. Ep. lii-
a^. .S-5. ad .Antonian. p. 1 10. Apud antecessori's nostros quidam de episcopis
ls»ic in provincia nostrTi dandain paccm moecliis uon pulaverunt, el in totuiu
pffiaUe.iiiic loeum contra adulteriu clauseruiit, &c.
CHAP, X.] CHRISTIAN CHLRCH. 341
tors and lukiltercis the peace of the Church, though they
did not upon this break communion with others, that adtnitted
them." Now inurthM-, heing- as g-veat a crime as adultery, it
is likely they rejected murderers as well as adulterers utterly
from their communion. In the following' ages the term of
their penance was a little moderated. For the Council of
Ancyra oblig-es them only to do penance all their lives,' and
allows them to be received at the hour of death. Other
cartons reduce their penance to a certain term of years. St.
Basil appoints the wilful murderer twenty years penance ;^
four years as a mourner ; five years as an hearer ; seven years
as a prostrator; four years as a co-stander only, to hear the
prayers without receiving the communion.
Sect. 3. — The Heinousiioss of M«rder when joined with otiier Crimes, suQij
as Idolatry, Adultery, and magical Practices.
Yet in some cases the discipline continued still to be more
severe ag-ainst murder, when it happened to be complicated
with other great crimes, such as idolatry, adultery, and the
practice of magical and diabolical arts against the lives of
men : because these were great aggravations to inflame the
account of murder. Thus in the Council of Eliberis,^ "If
any Christian took upon him the office of an heathen Fla-
men, and therein sacrificed and committed adultery and
murder ; (which might be done either directly, by a per-
sonal commission of those crimes ; or indirectly by exhibit,
ing the games and shews, wherein adultery and murder
were committed by their authority and concurrence ; in such
a case he was to be denied communion even at the hour of
death, because he had doubled and tripled his crime, as the
canon words it." So again,* " if any one used pliarmacy or
' Con. Ancyr. can. xxii. It. Con. Epaunens. can. xxxi. » Basil
can. IvL * Con. Eliber. can. ii. Flaraines qui post fidem lavacri
et rej^encralionis sacrificaveruut : Eo quod ^eminaverint scelcra, accedente
honiicirlio, vt'l triplicaverint facinus, cohwrente mocchifi, phicuit eos nee in
(ineaccipere communionem. * Con. F^liber. can. vi. Si quis
malcticio iuterlieiat alierum, co quod sine idoloia'riS perfiecre seelus iion
ji otuit, ncc in line iniperlieiidaiu ebic illi conniiunioneni.
342 THE ANTIQUITIES OF THK [bOOK XVI.
mag-ical art to kill another, he was not to be received into
communion even at the hour of death, because here was a
conjunction of idolatry with murder." In like manner ano-
ther canon of the same Council orders,' " that if a woman
conceive by adultery, in the absence of her husband, and
after that murder her child, she shall be rejected to the very
last, because she has doubled her crime." But the Council
of Ancyra is a little more favourable in the case of simple
fornication joined with murder. For it is there observed,^
that if a woman committed fornication, and murdered her
infant, or caused abortion, she should only do ten vears pe-
nance, though by former canons she was obliged to do pe-
nance all her life. The Council of Lerida appoints seven
years penance for common murder f but if it be done by sor-
cery, then it was penance for the whole life.
Sect. 4. — Causing of Abortion condemned and punished as Murder.
And here we may observe, that causing of abortion was
esteemed one species of murder, and accordingly punished
as such, when wilfully procured. So it is determined not
only in the fore-mentioned canon of Ancyra, but in the
canons of St. Basil,* " Let her that procures abortion, under-
go ten years penance,whether the embryo be perfectly formed
or not," So again, " they are murderers, who take medicines
to procure abortion." And so the Council of TruUo :^ " they,
who give medicines to cause abortion, and they, who take per-
nicious physic to destroy the embryo in the womb, are to un-
dergo the penance of murderers." The Council of Lerida puts
those, who destroy the conception in the womb by certain
potions,*' into the same class with those, that kill infants after.
' Con. Eliber. can. 63. Si qua per adulteruin, absente inarito, conceperit,
idque post facinus occiderit, placuit neque in fine dandam esse communio-
nem, eo quod geminarerit scelus. ' Con. Ancyr. can. xxi.
' Con. Ilerden. can. ii. Ipsis autera veneficis in exitu tantum coinmunio
tribuatur. ♦ Basil, can. ii. and viii.
* Con. Trull, can. 91. " Con. Ilerden. can. ii. Hi vero qui
male conceptos ex adulterio fmtus, vel editos necare stndnerint, vel in uteris
matruin potionibus aliquibuscolliserint in utroque sexu adulleris,post scptem
annorum curricula cdmmunin tribualur.
CHAP. X.] CHRISTIAN CHURCH. 343
they are born ; and appoints a course oi" seven years penaiice
for both sorts, as joining- murder to adultery. The private
writers among- the Ancients with one consent declare this to
be murder. " In the prohibition of murder," says Tertullian,'
" We are forbidden to destroy the conception in the womb,
whilst the blood is in its first formation of an human body.
To hinder that, which mig-ht be born, is but an anticipation
or hastening of murder : and it is all one, wliether a man
destroy that life, which is already born, or disturb that,
which is preparing- to be born. He is a man, who is in a
disposition to be a man, and all fruit is now in its
seed or principle of existence." This he says in answer
to the heathen objection, who charged the Christians
with feasting- upon the blood of an infant in their sa-
cred mysteries. Minucius inverts the charge upon the hea-
then, telling- them,^ '• it was their own practice by medicated
potions to destroy man, that would be, in his first original,
and for mothers to commit parricide before they brought
forth." " But as for Christians," says Athenagoras, writing
in their behalf, " How should they be guilty of murdering
men, who declare, that mothers, who use medicines to cause
abortion, are murderers, and must give account of their
wickedness unto God." St. Jerom calls this crime in wo-
men,* " drinking of barrenness, and murdering of infants
before they were born." And it was a crime, which the old
Roman law punished with banishment,^ and sometimes with
' Tertul. Apol. cap. ix. Nobis homicidio semel inteidicto, ctiam concap-
tum utero, dum adliuc saii.afuis in homiiiem dclibafur, dissolvere non licet.
Hoinicidii festinatio est, proliibei-e nasci : ncc relVit natani quis eripiat aiii-
niam, an nascentem disturbet : homo est, et qui est futurus, et fnictus omnia
jam in semine est. "^ Minuc. p. 91. Sunt qu.-e in ipsis
visceribus medicaminibus epotis origine-n futuri nominisfh-sr. houiinis) ox-
tinguant, et parricidium facianl, antequam pariant. Vid. Cypr. Ep. xlix.
al. .')2. ad Cornel, p. 97. de Parricidio Novati.
' Atlienag. Legat. p. 38. * Hieron. Ep. xxii.
ad Eustoch. de Virginit. cap. v. Aliae pracbebunt sterilitatera, ct necdum
sati hoinicidiumfaciunt. ^ Digest, lib. xlviii. tit. 8. ad
T.egein ("onieliam de Sicariis. leg. 8. Si mulierem visceribus suis vim intu-
lisse, quo partum fbigcret, constiterit: E:im in exiliuni praeses provinci.-B
exiget, II. lib. xlvii. tit. II. de Extraordinar. Criniinibus. leg. 4.
344 THE ANTIQUITIES OF THE [boOK XVI,
death :' as Tryplionius, the lawyer, observes out of Tully ;
though Tertuilian complains, that these laws were very
much neglected and contemned. However we see in the
Cliristian Ciuirch this sort of murder was reckoned a very
heinous crime by all writers, and punished with great seve-
rity by the canons against wilful murder in the Church.
Sect. 5. — The Punishment of Parricide.
Indeed, this sort of murder was one species of parricide,
which included not only the murder of parents, but of chil-
dren, and other relations, to whom men were bound by na-
tural affection. And this had a noted and peculiar punish-
ment among the old Romans, which was to tie up the par-
ricide in a sack with a serpent, an ape, a cock, and a dog,
and throw them all alive into the sea ; of which Gothofred
will furnish the curious reader with great variety of instances
out of the old Roman laws and writers. The Lex Pompeia
changed this punishment into that of the sword, or burning,
or throwino- to wild beasts. But Constantino reduced the
ancient punishment ; and from his law,^ which T shall tran-
scribe, we may take the account and description of it." If
any one hasten the ftite of his parent, or son, or any the like
relation, which goes under the name of parricide, whether he
attempt it privately or publicly, he shall not be punished
with the sword, or with fire, or with any other common death,
but be sewed up in a sack with serpents and other beasts,
and be cast into the sea or a river, as the nature of the
' Digest, lib. xlviii. tit. xix. leg. xxxix. Cicero in Oratione pro Clu-
entio scripsit, imilierem quod ab heredibus secundis acicpta pecunifi par-
turn sibi medicamentis ipsa abegisset, rei capitalis esse damnatani.
« Cod. Theod. lib. ix. tit. 15. de Parricidio. leg. i. Si quis in parentis, aut
filii, aut omnino affectionis ejus, qua; nuncupatione paricidii continetur, fata
properaverit, sive clam sive palam id fuerit enisus, neque gladio, neque ig-
nibus, neque uUfi alii po-nu solemni subjugetur, sed insutuscuUeo, et inter
«-jus ferales angustias comprehensus, serpentum contuberniis misreatur: et ul
legionis qualitas tulerit, vel in vicinum mare, vel in amnem projiciatur : ut
omnielcmrnlnrum usu vivus carere incipiat ; ut ci cerium siipersliti. terra
inorluo iMilVialnr. \'jd. Gothofred. in lo •.
CHAP. X.] CHRISTIAN CHLKCH. 315
place will udrnit: that he may be deprived of the use of all
the elements as lon^- as he remains in being- ; that ho nuiy
have neither air to breath in whilst he lives, nor earth to
receive him when he is dead." This was the punishment
of such as slew father or mother, or son, or daughter, or any
such relation in the direct line : but if it was any other re-
lation, then only the common death of murderers was in-
flicted on them, as we learn from Justinian's Institutes*
and his Code, where this matter is determined. Now the
Church having- no power of the sword, could make no such
distinction ; but punished both sorts in the same way, with
the spiritual censure of excommunication.
Sect. G.— Of Self-Murder.
And so she treated all those, who laid violent hands upon
themselves, who were known by the common name of Bia-
thanatijOv self-murderers. Because this was a crime, that
could have no penance imposed upon it, she shewed her just
resentment of the fact, by denying the criminals the honour
and .solemnity of a Christian burial, and letting* them lie
excommunicate and deprived of all memorial in her prayers
after death. " If any one," says the first Council of Brag-a,'
" bring himself to a violent end, either by sword, or poi-
son, or a precipice, or an halter, or any other way, no
commemoration shall be made of him in the oblation, nor
shall his body be carried to the grave with the usual
psalmody. And they, who suffer death for their crimes,
shall be treated after the same manner." The reason of
treating' both these sorts of men in this manner, was be-
' Justin. Institut. lib.iv. Tit. xviii. de Publicis Judiciis. Si quis autem
alias cogiiatione vel adfinitate personas conjunctas necaverit, poenain legis
Corneliffi dc sicariis sustinebit. ' V'id. Cod. Justin, lib. ix.tit. 17.
De his qui parentes vel liberos occiderunt. leg. 1.
' Con. Bracar. i. can. xxxiy. Placuit, ut hi qui aut per ferruin, aut per ve-
nenuni, aut per praeci])itium, aut suspendium, aut quolibet inodo violentaiu
sibi ipsis inferunt mortem, nulla pro illis in oblatione comnienioralio fiat,
nequc coin psalmis ad scpuUurani corum corpora doducantur. Similiter
ct de his placuil fieri, (lui pro suis scclcribus puniuntnr.
34f! THK AMIQUITIES OF THK [BOOK XVI.
cause they were accessary to their own deaths; either
directly by offering- violence to their own lives ; or indirectly,
by committing such capital crimes as brought them in the
course of justice to an untimely end. Both the Greeks and
Latins style them Biotlianati, or Biathanati, from offering'
violence to themselves, or coming to a violent death. And
Cassian particularly notes the discipline of the Church*
then used toward such after death, speaking of the case of
one Hero, an Egyptian monk, whom Satan, under the dis-
guise of a good angel, had tempted to throw himself into a
deep well, upon presumption that no harm could befal him
for the great merit of his labours and virtues : for which fact
he says, Pafuntius the abbot could hardly be prevailed upon
not to reckon him among the Biothanati, or self-murderers,
and deny him the privilege of being mentioned in the obla-
tion for those, that were at rest in the Lord. Which is
sufficient to shew us the manner of treating such in the
ancient discipline of the Church.
Sect. 7. — Of Dismembering the Body.
It was also reckoned a species or lower degree of this
crime, for any one to disfigure his own body, by cutting
off any member or part thereof, without just reason to
ensrace him so to do. The Canons forbad any such to
be ordained, as men who were in effect self-murderers,* and
enemies of the workmanship of God, as has been shewn at
large in another place.^ What is further to be noted here
is, that this discipline extended to laymen as well as clergy-
men. For one of the Apostolical Canons orders,* that a lay-
man, who dismembers himself, shall be debarred the com-
munion for three years, because he insidiously makes an at-
' Cassian. Colliit. ii. cap. 5. Vix a presbytcro AbntePafiintio potiiit ob-
lincri, ut noil inter biotiianatos roputatus, cliam nicmoria ct ohiatione pun-
sanlium jndicardur indignus. '^ V id. ('anon. Apost. c. x\i.
Con. Nic. can. i. " P.ooi\ iv. rliap. iii. sert. 9.
* Canon. Apost. xxiii. a1. 24. AniKor fuvriii' (\K'»iiri)(iia<Tar, a<poni^t<7^ii> tni
Tntii. tTrijiai'Xor yi'ip iriv "T/r i-ni'T^ ^I'nfi^.
CHAP. X.] CHRISTIAN CHURCH. 34Jt
tempt uj)on his own life. But if men were either born with a
natural defect, or the barbarity of the persecutors, or the
necessity of a disease deprived them of any member, in
order to eflect the cure of the body, and save the whole ;
in all these cases there was no crime, because the thing-
was involuntary ; in which cases the law itself made an
exception, and freed men from incurring the censures of the
Church,' as may be seen in the Nicene canons, which par-
ticularly mention these as excepted cases. I only observe
one thing- further out of the laws of Constantine, that he
had so g-reat a regard to tlie fiice, as the image of the
Divine Majesty in all human bodies whatsoever, that he
would not sufler any mark of infamy to be set upon it, to
stigmatize the g-reatest criminals. For whereas by the old
Roman laws notorious criminals might be branded in the
forehead, to make their offences more infamous and pub-
lic: Constantine by one of his first laws cancelled and re-
voked this custom,- ordering, that whatever criminal was con-
demned either to fight with wild beasts, or dig in the
mines, he should not be stigmatized in the face, but only in
the hands or legs, that the face, which was formed
after the image of the Divine Majesty and Beauty,
might not be disfigured. Which certainly was intended
piously by Constantine, as a just caution to restrain men
from offering violence to their own bodies, which were cre-
ated after the image and similitude of God in some measure,
though that likeness was more visibly seen in the original
perfections of the soul.
Sect. 8.— Of involuntary Murder by Chance, or Manslaughter.
All these cases respect such actions as have some ten-
dency toward voluntary murder. Besides which the Church
allotted sometimes a proportionable punishment to acciden-
' Con. Nicen. can. 1. * Cod. Theod. lib. ix. lit. 40.
De Poenis. leg. ii. Si quis in ludum fuerit, velin metallum, pro criininum dc-
prehensorura qualitate, dainnatus, minime in ejus facie scribatur : dum ct
in manibus et in suris possit poena datnnationis untt subscriptione compre-
hend!: Quo facies, qufE ad similitudinem pulchritudinis ccelcstis est figu-
rata, minime maciiletur.
348 THE ANTIQUITIES OF THE [bOOK XVI.
tal and involuntarv murder, thoucrh the Civil Law took little
or no notice of it. For by the old Roman and Christian
laws, a master was allowed to punish and correct his slave
with great severity:* and if in that correction the slave
chanced to die, no action of murder could be brought
against the master, unless it appeared that he used some
weapon, or fraud in his punishment, that tended directly to
kill him. But notwithstanding this, the ecclesiastical law,
having" a more tender regard even to the life of slaves, took
cognizance of such cruelties, and obliged the actors to a
certain term of penance, though the murder was only casual,
and not directly intended. To this purpose it is decreed in
the Council of Eliberis,^ that if any mistress in the heat of
her anger so scourge her slave, that the slave die within
three days; whereas it might be uncertain whether it was a
voluntary, or a chance murder ; if it was a voluntary murder,
she was to do penance seven years : if casual, only live
years: and all the favour, that was allowed in this case, was,
that if sickness seized her, she might be admitted to com-
munion sooner. We find alike decree in the discipline of the
French Church, made by the Council of Epone, Anno 517,*
that if any one put his slave to death without a legal trial
before the judge, he should expiate his murder by excom-
munication for two years. And it is remarked of Caesarius
Arelatensis by the author of his life,* that he was used to
protest to the prefects of the Church, who had then power
to inflict corporal punishment, that if they scourged any
one to an immoderate degree, so as that he died under his
stripes, they should be held guilty of murder. Nay, so
' Vid. Cod. Theod. lib. ix. tit. 12. De Emendatione servorura. leg. i.
and ii. Constantini. ' Con. Eliber. can. v. Si qua
Domina furore zeli accensa, Harris vorbcraverit ancillain suam, ita ut intra
tertium diem animam cum cruciatu effundat ; eo quod incertum sit, Toluntate,
an casu occidcrit; si voliintate, post septem annos; si casu, post quinquennii
tempora, acta legitima P(Knitentin. ad communioiiem placuit admitli, Ac.
^ Con Epauncn. can. xxxiv. Si quis servum proprium sine couscienliJi
judicisocciderit, cxcommunicatione biennii cflusionem sanguinis expiabil.
'' Cypr. Vit. Cajsar. Arelat. Contcstabatur ecclesia; prrefectos, si quis ju-
heret quenipiam (iiutiAs flajcilari, ct ilia \erbcra illi mortem aflcrcnt, ul is
llomicidii rcum sc scirot.
CHAP. X.] CHRISTIAN CHURCH. 349
tender was the Cliiirch in this point of shedding man's
blood, that she would not ordinarily allow any soldier to be
ordainod to any sacred office of presbyter or deacon ; nor
suffer her bishops to sit as judges in capital causes, where
they might be concerned to give sentence in cases of blood :
as I have liad occasion to shew more at larg-e in their pro-
per places,' to which I refer the reader. Among the Aposto-
lical Canons, there is one that orders,^ that if any clergy-
man in a brawl or scuffle smite another, so as to kill him,
though it were by the first blow, he shall be deposed; if a
layman, he shall be cast out of communion, and St. Basil's
Canons impose eleven years penance upon all voluntary
murderers whatsoever.^
Sect. 9. — False Witness against any Man's Life reputed Murder.
Neither was it only actual murder which they thus cen-
sured, but all actions that had any direct or immediate ten-
dency towards it ; as, bearing false witness against a man's
life. For, as Lactantius, well expresses it,* " there is no
difference between killing a man with the sword or with the
tongue : It is murder still in either species, and a violation
of God's law against invading* the life of man, which
admits of no exception." And therefore the civil law,*
appointed the punishment of retaliation to be in-
flicted on every false accuser, that if any one called
another man's credit, or fortune, or life, or blood, into ques-
tion in judgment, and could not make out the crime alleged
against him, he should suffer the same penalty, that he in-
tended to bring upon the other. And no one could formally
implead another at law, till he had bound himself to this
' Book iv. chap. iv. sect. 1. And Book ii. chap. vii. sect. 4.
" Canon. Apost. 66. ^ Basil can. 57.
♦ Lact. lib. vi. cap. 20. Nihil distat, utrum ferro, an verbo potiiis occidas,
quoniam occisio ipsa prohibctur, &c. * Cod. Theod.
lib. ix. tit. 1. De Accusalionibus. leg. xi. Qui alterius famam, fortunas,
caput denique et sanguinem in judicium devocaverit, sciat sibi impendere
congruam poenam, siquod intendcrit non probaverit. It. leg. xix. ibid. Nee
jmpunitara fore noverit licenliam niontiendi, cum calvmniantes ad vindictam
poscat similitude supplieii.
3a<^ THE AMIQUITIES OF THfi [BOOK XVI.
condition, which the law terms "vinculum inscriptionisy^
the bond of inscription.'''' Now, though the ecclesiastical law
could not inflict the j)unishment of retaliation for false-wit-
ness ag-ainst any man's life ; yet all false testimony being a
crime punishable with excommunication; as we shall see
more fully under the punishment of sins against the ninth
commandment ; we may be sure, such false testimony as
tended directly to deprive men of their lives, must be re-
puted by the Church among the highest species both of
calumny and murder ; and consequently bring them under
all the penalties, that were due to those crimes in any degree
whatsoever.^
Sect. 10. — Informers against the Brethren in Time of Persecution treat 'cl as
Murderers.
Yea, a bare information, or discovery of the names of the
brethren to the heathen magistrates, for as much as that
in times of difficulty and persecution might endanger
their lives, was justly reputed and censured as ,. mur-
der likewise. The first Council of Aries orders,^ that if anv
such informers were found among the clergy, and convicted
from the public acts, that they had betrayed either the Holy
Scriptures, or the sacred utensils, or the names of their
brethren to the heathen, they should be degraded from their
orders. And the Council of Eliberis goes a little further,^
and determines, " that if any Christian informed against his
brethren, so as that anyone was proscribed or slain upon his
' Ibid. leg. xiv. Non prius cujuscunque caput accusatione pulset, quam
vinculo legis adstrictus, pari cceperit poenae conditionejurgare. &c.
Et leg. 19. Vinculum inscriptionis accipiat, &c. Vid. Leonis. Novel. Ixxvii.
• Vid. Con. Eliber. can. 74.
• Con. Arelat. i. can. xiii. De his qui Scripturas sanctas tradidisse dicun-
tur, vel vasa dominica, vel noraina fratrum suoruni, placuit nobis, ut qui-
cunque eorum in actis publicis fuerit delectus, non verbis nudis, ab ordine
cleri amoveatur. ♦ Con Eliber. can. 73. Delator si
quis exliterit fidelis, et per delalionem ejus aliquis fuerit proscriptus vel in-
terfectus, placuit eum nee in fine (al. non nisi in fine) accipere communionem.
It. can Ixxiv. Falsus testis, prout crimen est, abstinebit ■ si taraen non
fuerit mortis quod objecit, &c.
«HAC. X.j CHIUSTIAN CHUUCH. 351
infonnation, he should not be received into communion at
the last, or not till his last hour, as difterent copies read it."
Sect. II. — Exposing of Infants reputed Murder.
Another sort of interpretative murder nas the exposing-
of infants, against which the Ancients commonly declaim
with gTeat vehemency in the practice of tiie heathen. " You
accuse us," says Tertullian, " of murdering* infants ; but let
mo turn to your people, and appeal to their consciences, and
th.en how many may I find among those, that stand aboiU us,
and thirst after Christian blood; nay, among- those just and
severe judges that condemn us, who kill their children as
soon as they are born, or else expose them to cold,* and
famine, and dogs ? You expose your children to the mercy
of strangers and the next comers, that will take pity on
them and adopt them more kindly for their own chil-
dren." The same charge is brought against them by
Minucius Felix,^ that they exposed their children, as soon
as they were born, to wild beasts and birds of prey. Athe-
nagoras says expressly,^ all such are parricides or murderers
of their children. And Lactantius a little more largely in-
veighs against them upon the same foundation. They pre-
tended, he says, by a sort of false piety, to expose them
only to keep them from starving, because they were poor
and not able to maintain them, but they cannot be deemed
innocent, who cast their own bowels as a prey to dogs, and
as much as in them lies, kill them more Jelly than if they
strangled them. Who can question the impiety of him, who
leaves no room for others to shew mercy ; but admit that he
attains his end, which he pretends, that his child is thereby
nourished and brought up ; yet doubtless he condemns
his own blood either to slavery or the stews ; of which there
were many examples in both sexes. Therefore he concludes,
that for men to expose their children, was the same base
' Tertul. Apol. cap. ix. Aut Frigori aut fami, aut canibus exponitis,
&c. Vid. Tertul. ad Naliones. lib i. cap. 10. * Minuc. p. 90.
» Athen. Legat. pro Christian, p. 88. * Lact. lib. vi.
cap, 90.
352 THK ANTIQUITIES OF THE [bOOK XVI,
and villainous action as to kill tlioin. And whereas men
were apt to complain of their poverty, and pretend they
were not able to bring" up many children : he not only an-
swers this from considerations of Providence, in \vhose
power the fortunes and possessions of all men are, to
make rich men poor,and poor men rich; but is also thought
by his prudent advice to have induced Constantine to enact
those two excellent and charitable laws, still extant in the
Theodosian Code,' whereby it is provided by his great mu-
nifi( ence in several parts of the Empire, that poor parents
who had numerous families, which they could not maintain
should have relief out of the public revenues of the
empire ; that they might be under no temptation either to
expose or kill, or sell, or oppignorate and enslave their
children ; of which there had been so great complaints
under the former reigns of heathenism. Constantine^ and
Honorius added two other laws to these, in favour of such
as took care of exposed children, that parents should have
no right to claim them again, nor accuse those of theft or
plagiary, who shewed mercy on those, whom they exposed
to death, aud by their neglect suffered to perish ; provided
only that the collectors of such children made evidence
before the bishop, that they were really exposed and de-
serted. And in this case the ecclesiastical laws concurred
with the secular, adding the penalty of exconmiunication,
to be inflicted on all parents, who thus proved themselves
guilty of raurde>ing their children. For so the Canons ex-
pressly word it. The Council of Vaison first prescribes
the method of ascertaining- such children to the rioht and
possession of those, Avho became their foster-fathers, ac-
cording tc the tenour of the imperial laws ; and then pro-
nounces those, who exposed them, guilty of murder by
their own confession. " x\ clamour,"^ savs the council, " is
' CoJ. Th. lib. xi. tit. 27. de Alimcnti.s, &c. leg. 1. and 2.
» Cod. Theod. lib. v. tit. vii.de Exposilis, leg', land 2.
■Con. Vasionen. i. caii.D. De Exposilis (quia conclamatur ab omnibus) que-
rela processit, eos non miserecordia; jam, sed canibiis exponi, quos colli-
gere calumniatorum metu, quamvis piseceptis miscrecordiBe inflexa mens hu-
mana detrcctct : id scrvandum visum est, ut secundum statuta fidelissemoruin
CHAP. X.] CHRISTIAN CHURCH. 353
made on all sides, and complaint V)rouglit before us concern-
ing- exposed children, that tliey are now no longer exposed to
the mercy of Christians, but to be devoured by dog's, because
every one refuses to take them up, for fear of prosecution
from false accusers : we therefore decree, that according to
the laws of pious emperors and princes, whoever takes up an
exposed child, shall make testimony thereof unto the Church,
and the minister on the Lord's day, shall publish it at the
altar, that if any one owns it within ten days he may re-
ceive it again ; giving a recompence to the finder for his
charitable care for that term, or letting him keep it for ever
as his own possession." But the next canon adds,* " that
if any one, after this legal form of proceeding has been ob-
served in the case, pretend to claim the exposed infant, or
accuse the finder as a plagiary or man-stealer, he himself
shall be punished as a murderer by the censures of the
Church." All which manifestly proves, that in the account
of conscience and the ancient discipline, the parent, who
deserts his infant and leaves it defenceless to the injuries of
fortune, or want, or the weather, or wild beasts, is a
real murderer, as doing that, in consequence of which, mur-
der nececessarily ensues, unless some favourable providence
interposes to prevent it.
Sect. 12.— If a Virgin defloured kills herself for Grief, the Corrupter is
reputed guilty of the Murder.
For the same reason some canons appointed all accesso-
ries to murder to do the same penance as the murderers
themselves. The Council of yVncyra puts a special case of
this nature. A man, that is espoused to a woman, deflours
her sister, and afterward marries the other : she, that is so
defiled, hangs herself for grief: the man, as accessory to
piissimorumque Augustorum et principum, quisquis expositum colligit, ec-
clesiam contestttur, &c.
' Con. Vasionen. i. can. 10. Si quis expositoruni hoc ordine collcctoruin
repetitor vel calumniator extiterit, ut homicida habendus est, et ecclesias-
tica districtiono daranabitur. Vid. Con. Arelat. ii. can. 32. where the same
things are repeated.
VOL. Vi. 2 A
354 THE ANTIQUITIES OF THE [cOOK XVI.
the murder,^ is ordered to do ten years penance for his
crime, before he is allowed to appear among" the co-standers
at the communion.
Sect. IS. — Tlie Lanlsfre, or Fencing;-Maslers. rt'puted Accessories to
3Iurder, and tlitir Calling condemned.
The case of the Lanistce, or Masters of Fencing, was
much of the same nature. Theirart in preparing- gladiators
for the theatre, was always reputed a scandalous trade ;
being- in effect no better than teaching men to murder and
butcher one another. And therefore the Church would
never allow it as a lawful profession. Tertullian says ex-
pressly,^ " that the prohibition of murder shewed there was
no place for fencers in the Church : for they were impleaded
guilty of shedding- that blood, which they taug-ht others to
shed." The Author of the Constitutions puts g-ladiators
in the number of those, who were to be rejected from
baptism.^ And Constantine prohibited the art itself as un-
christian,* ordering- such criminals, as were used to be con-
demned to fight for their lives upon the stag-e, rather to be
sent, to the mines, that they might suffer punishment with-
out blood. For though in the beginning- of his reig-n he
allowed it to be used as a punishment for some crimes : as
in the case of plagiary or man-stealing, which they that
were guilty of were condemned to fight for their lives*
with wild beasts, or one another: yet afterwards he
seems to have revoked this also. And Valentinian abso-
lutely forbad any Christian or any Palatine soldier to be con-
demned to this punishment.'' Nay, some of the wiser hea-
' Con. Ancyr. can. xxvi. ' Terfnl. de
Idol. cap. xi. Sic et houjicidii interdictio ostendit niilii lanistani (luoque
ab ecclesia arceri : Nee per se iion laciet, quod faciendum aliis submini-
strat. ^ Constit. lib. viii. cap. 30.
* Cod. Theod. lib. xv. lit. 13. de Gladialoribus. leg. 1. Cruenta spectacula
in otio civili et domesticS quiete non placent, &c.
* Cod. Theod. lib. ix. tit. xviii. ad Legem Fabiam de plagariis. leg. I.
* Cod. Theod. lib. i.\. tit. xl. de Poenis. leg. 8, and 11.
CHAP. X.] CHRISTIAN CHURCH. 3r)5
tliens always abhorred and declared against it. And there-
fore there was more reason to prohibit the whole art and
practice of ghndiators under the Christian institution, which
Honorius the Emperor, quite abolished and destroyed.*
Sect. It. — Spectators of the Murders committed on the Stage accounted
Accessories to Murder also.
But the Christian laws and rules of the Church went a
little further. They not only condemned the murders of the
stage but forbad any one to be a spectator of them, under the
penalty of being- reputed accessory to the murder. Cyprian,
describing the impiety and barbarity of these inhuman
games, elegantly styles all spectators of them,^ " Oculis
parricidas, men guilty of murder with their eyes:'''' inti-
mating, that no one could entertain himself with the plea-
sing sight of them without partaking in the guilt, and de-
filing* his soul with the contagion of the murders committed
in them. " There is little difference,"^ says Athenagoras,
" between seeing such murders, and committing them ;
and therefore we wholly abstain from the sight of them,
lest any of their wickedness and defilement should cleave
to us." Lactantius, in his elegant and fluent way, declaims
more copiously and vehemently against them. " He that
accounts it a pleasure," says he,* " to see a man killed before
his eyes, though it be a criminal condemned for his villa-
nies, pollutes his conscience, as much as if he were both
a spectator and partaker of any secret murder. And yet they
call these things only games and diversions, wherein hu-
man blood is shed. So far are men forsaken of humanity,
that they count it but sport to destroy men's lives or souls
' Vide Pagi. Crit. in Baron, t. ii. an. 404. n. v. ex Prudentio contra Sym-
mach. lib. 2. « Cypi". ad Donat. p. 5.
^ Allien. Legat. pro Christian, p. 38.
♦ Lact. lib. vi. cap. 20. Qui hominem, quamvis ob merita damnatum, in
conspectu suo pro voluptate jugulari computat, conscientiam suam poUuit,
tarn scilicet quum si homicidii, quod fit occulte, spectator et particips
fiat, &c.
2 A ^
356 THE ANTIQUITIES OF THE [bOOK, XVI,
being- really more wicked and injurious than those very
criminals, whose blood they make their diversion." Upon
this account, in the eye of the Church, to frequent these
inhuman g-ames was the same thing- as to commit murder,
and no man could associate with such company, and follow
such diversions, but he was reputed to bid adieu to all hu-
manity, piety, and justice, and to make himself partaker
in all the guilt of those public murders.
Sect. 15.— Famishers of the Poor and Indigent reputed guilty of Murder.
The charge of murder was also brought against those,
who denied the poor their necessary maintenance, and de-
frauded their indigent parents of their proper livelihood,
sufi'ering- them to perish by famine or want, against the
laws of piety, and natural afiection. The fourth Council of
Carthage,' upon this account, terms those, who defrauded the
Church of the oblations of the dead, " egentium necaiores,
murderers of the poor ,'^ and, as such, orders them to be
prosecuted to excommunication. And Cyprian, speaking- of
the villanies of Novatus, says, among other instances of
his being guilty of parricide and murder, (such as causing-
his wife to miscarry by a kick on the belly, when she was
great with child,) he suffered his own father to starve and
perish by famine, and left him unburicd after death.^ For
which crimes he had certainly been expelled, not only from
the presbytery, but from all communion with the Church,
had not the difficult times of approaching persecution pre-
vented the day of his trial, and given him opportunity to
escape the condemnation, that was due to him by the just
discipline and censures of the Church. All these were
reckoned guilty of murder, indirectly at least, as accessories
and partakers in the sin, though their hands were not ac-
tually and directly engag-ed in shedding of blood.
' Con, Cartli. iv. can. 95. « Cypr. Ep. xlix. al.
lii. ad Cornel, p. 07.
CHAP. X.] CHRISTIAN CHURCH. 3j7
Sect. To.— Ami nil those, by whose Authority Murder was commiltcd.
But none were reputed more guilty of murder than tliev,
by whose authority it was committed. Though the inferior
instruments were not acquiitcd, yet the crime was chiefly
hiid to the charge of the principal authors. Therefore, as
David was charged hy Nathan with the murder of Uriah,
though he was slain through the treachery of Joab by the
sword of the children of Ammon, so Tlioodosius, when bv
his orders and authority seven thousand men were slaugh-
tered at Thessalonica, was charged by St. Ambrose as the
principal author of the murder, and according to the rules
of discipline denied the communion of the Church, till he
had made a suitable and reasonable satisfaction : for thouo-h.
as Cyprian complains to his friend Donatus,* under the
Heathen Emperors public murder was esteemed a virtue,
which in private men was punished as a great crime ; yet it
was not so under the Christian institution, but there was a
power to bring even emperors and princes under discipline
for such public offences, as appears from the case of The-
odosius now mentioned. And the case of the munerarii,
that is, such Christian magistrates as exhibited the munera,
or inhuman games, where men murdered one another upon
the stage, is a further evidence of this power and practice.
For the canons of the Church order all such magistrates
to be excommunicated,^ as contributing by their authority,
and expenses both to idolatry and murder. So that murder,
in whatever species it appeared, or by whatever persons
it was committed, was always reputed a crime of the first mao--
nitude, exposing men to the utmost severity of ecclesiastical
censure.
' Cypr. ad Donat. p. 5. Ilomicidium cum admittunt singuli crimen est ;
virtus vocatur cum piiblice geritur. '^ See chap. iv.
sect. 8.
358 THE ANTIQUITIES OF THK [bOOK XVI.
Sect. 17.— Enmity and Strife and Contention, punished as lower
Degrees of Murder.
And it must be added, that all open enmity and quarrel-
ling, strife, envy, anger, and contention, professed malice
and hatred, were punished with excommunication, as ten-
dencies toward this great sin, and lower degrees of murder,
St. John, says, " He that hateth his brother, is a murderer,
and no murderer hath eternal life abiding in him." Our
Saviour also declares, " That he that is angry with his bro-
ther without a cause shall be in danger of the judgment ;
and whosoever shall say to his brother, Raca, shall be in
danger of the council : but whosoever shall say, Thou
Fool, shall be in danger of hell-fire." Now agreeably to
these instructions, the Church to prevent or correct all ten-
dencies toward the great sin of murder, laid proper restraints
and penalties upon the unruly passions of men, whenever
they discovered themselves in any visible acts of malice or
hatred, and strife or contention. The communion was the
great symbol of love and charity, and the covenant of peace
and unity, and the great uniter of men's hearts and affections.
Therefore all, who visibly wanted these necessary qualifica-
tions, were thought unworthy of that venerable mystery,
and accordingly oblip;-ed by the discipline of the Church,
till they were so qualified, to abstain from it. The fourth
Council of Carthage made an order,* that the oblations of
such as were at enmity or open variance with their brethren,
should neither be received into the treasury of the Church
nor at the altar : which was as much as to say, they should
not communicate whilst they were in that condition. And
the second Council of Aries removes those from the privi-
leo-e of joining with the assemblies of the Church,^ who
' Con. Carth. iv. can. 93. Oblatlones dissidentium fratrum, ncque in
sacrario, ikmiuc in Gazopliylacio recipiantur. ' Con.
Arelat. ii. can. 31. Hi, ijui publicis inter se odiis exardescunt, ab ccclesi-
asticis conventibus sunt rf movendi, donocad pacem rccuvrant.
CHAP. X.] OHIUSriAN CHURCH. 350
bronk fortli info public hatreds and anlrnosltios, one against
anotlier, until they are reconciled, and return to peace ag-ain.
They, that evil entreat their servants or slaves with stripes,
famine, or hard bondag^e, are ordered to be refused commu-
nion by the rules of the Constitutions.' And Chrysostom
often warns the clergy ,** that they should admit no cruel or
unmerciful man to the communion. For if they g-five the
eucharist wittingly to any such flagitious man, his blood
■would be required at their hands, " though it be a general,
though it be a consul, though it be him that wears the crown,
restrain him, if he comes unworthily : thou hast greater
power than he." But this was to be understood of great
and enormous violations of charity, expressing' themselves
in open and professed acts of cruelty ; not of every lower
degree of anger, especially rash and sudden anger, which,
as I shewed before,^ was to be cured by other methods, and
not by the highest remedies of severity in the exercise of
ecclesiastical censure.
These were the rules of discipline, whereby the Church
proceeded in censuring and punishing the great sin of
murder, with all its species and appendages so far as it was
either possible or proper to take notice of them : reserving
the rest for the gentler methods of admonition and verbal
correction, which, in ordinary cases and lighter transgres-
sions of this kind, was sufficient for the amendment of
the sinner.
> Constit. lib. iv. cap. 6, ' Chrys. Horn. 83. in
Mat. p. 705. ' Chap. iii. sect. 14.
360 THE ANTIQUITIES OF THE [BOOK XVI,
CHAP. XL
Of Great Transgressions against the Seventh Command-
ment, Fornication, Adultery, Incest, ^c.
Sect. 1. — Tlie Punishment of Fornication.
Another sort of great crimes, which always made men
liable to the severities of ecclesiastical discipline, were the
sins of uncleanness, or transgressions of the seventh com-
mandment: such as fornication, adultery, ravishment, incest,
polygamy, and all sorts of unnatural defilement with beasts
or mankind, and all things leading or paving the way to such
impurities, as rioting and intemperance, writing or reading
lascivious books, acting or frequenting obscene stage-plays,
allowing or maintaining harlots, or whatever of the like kind
may be called making provision for the flesh to fulfil the
lusts thereof.
To begin with simple fornication : the Heathen laws were
so far from laying any effectual restraints upon it, that they
not only allowed it with impunity, but many times encou-
raged it in the very sacred rites and mysteries of their gods,
as the ancient Apologists often object against their religion;
whereas the Christian religion laid great and severe penal-
ties upon all such, as under the name of Christians were found
guilty of it. The Apostolical Canons,* and those of Neocassa-
Tca,^ forbid such ever to be received into holy orders, or com-
mand them to be suspended, if unwittingly ordained. The
Council of Eliberis suspends virgins,' who keep not their vir-
' Canon Apost. liii. al. 61, * Con, N eocsesar. can.
jx. ' Con. Eliber, can. xiv, Virgincs, quoe virginitatcni suam
non custodierint, si cosdcni, qui ras viola vcruiit, duXLMint tl tcnuerint
marilus, to (|Uoil solas nuptias violavcrinl (utmpc non Deo dedicatee, ut
CHAP. \I.] CHRISTIAN CHURCH. 361
oiriity, a whole your from tho communion ; oblii^ino- them to
miirry those, that dehlecl tliom ; otherwise they are to under-
o-o five years solemn repentance, because if they are corrupt-
ed by others, they become guilty of adultery, which, as we
shall presently see, had a more severe punishment than
simple fornication.
Sect. 2.— Of Adultery,
For whereas St. Basil's Canons appoint seven years pen-
ance for fornication only, they prescribe fifteen for adultery,*
and sometimes double the number.^ The Council of
Ancyia imposes seven years for adultery,^ but makes no
express mention of fornication. The Council of Eliberis
appoints five years penance for a single act of adultery;*
aud ten years if repeated:^ but if any continued in it all
their lives, they were not to have the communion
at their last hour. And in some of the African Chur-
ches before the time of St, Cyprian, this was the com-
mon punishment for all adultery. For he says," some of his
predecessors refused the peace of the Church to all adul-
terers, and shut the door of repentance entirely against
them ; though it was otherwise in his time, when adulterers
had a certain term of penance appomted them, after which
they might be restored to the peace of the Church,
can, xiii.) post annum sine poenitentiri reconciliari debebunt. Vel si alios
co^novcriiU vires, co quod inoRchataj sint, placuit, por quinquennii tenipora,
acta legitimfi pocniteiitia, adniitti eas ad comniunionom.
> Basil, can. 58, et 59. ' Ibid, can. vii,
8 Con. Ancyr. can. 20. * Con, Eiiber. can. 69, Si
quis forte habens uxorem, seinel fuerit lapsus, placuit cum quinquennium
agere de eS re Poenitentiam, * Ibid, can, 64. Si qua mu-
lier usque in fincm mortis sua; cum alieno fuerit viro moechata, placuit nee
ill fine dandam ci esse communioncm. Si vero eum reliquerit, post decern
annbs recipi ad communionem, acta legitimfi pccnitentii.
« Cypr. Ep. Iv. al. lii, ad Antonian. p. 109. jMccchis ii nobis pccnitenlia
conceditur, et pax datur. Kt quidemapud anteccssores nostros qiiidam de
episcopis in provinciPi uostrfi dandam paccm nifrchis nen pulaverunt, et in
U>tum pccnilentiie locum contra adulteria clauseruMt; iion tamen a coepisco-
porum suorum collcgio reccsserunt.
362 THE ANTIQUITIES OF THE [bOOK XVI.
Whence Bishop Pearson' rig-htly reproves Alhaspinseus for
asserting-, that adulterers were never received into commu-
nion before the time of Cyprian. For Cyprian says expressly,
they were received to repentance in most Churches, though
rejected by some. And it appears plainly from TertuUian,
Avho lived before Cyprian, and wrote his book De Pudicitid,
as a Montanist, ag-ainst the Catholics, for receiving- adul-
terers to their Communion. Yet in the case of the clerg-y,
the law continued still a little more severe. For by a rule
of the Council of Eliberis,^ if a bishop, presbyter, or dea-
con was convicted of adultery, he was to be denied com-
munion to the very last, as well for the greatness of the crime,
as for the scandal he gave to the Church thereby. And by
another Canon of the same Council,^ every clergyman, who
knew his wife to be guilty of committing adultery, and
did not presently put her away, was also to be denied com-
munion to the very last : that they, who ought to be exam-
ples of good conversation, might not by their practice
seem to shew others the way to sin. And the Council of
Neoccesarea has a decree of near affinity to this,* " that if a
layman's wife be convicted of adultery, it shall render him
incapable of orders: or, if after his ordination she com-
mits adultery, he must dismiss her; under pain of degra-
dation from his ministerial office, if he retains her."' The
civil law both under the Heathen and Christian Emperors
made this crime capital, as Gothofred shews by various
instances both out of the Code and Pandects.^ And Con-
stans, the son of Constantine, in particular, appointed
its punishment to be the same as that of parricide, which
was burning alive, or drowning in a sack, with a serpent, an
' Pearson. Vindic. Iprnat. lib. ii. cap. viii. p. 378.
"* Con. Elibcr. can. xviii. Episcopi, presbytcri, diacones, si in ministerio
positi, dctccti fucrinl quod sint mocchati, placuit ct propter scandahini, et
propter nofandum crimen, nee in fine eos comnninioneni accipere debere.
^ Ibid, can. 65. Si cujus clerici uxor fuerit nia'chata, ct sciat earn maritus
suus inoechari, et cam non statim projecerit, nee in fine accipiat communio-
nem: ne ab hia qui exemplum bona; conversalionis esse debent, \idcantur
magistcria scclerum procedere.
♦ Con. Neocaisar. can. viii. ^ Golhofr. in Cod. Th. lib. ix.
tit. 3G. Quorum a|>pellulioncs, ^c. leg. iv.
CHAP. \l.] CIiaiSTl/iN CUUUCH. 3G3
ape, a cock antl dog- tyod vip with tlio criminals. When ndiil-
ter\ , says he,' is proved by manifest evidence, no dilatury
appeal shall be allowed : but the judg-e is o])liged to punish
those, who arc guilty of the sacrilegious violation of mar-
riag-e, as manifest parricides, either by drowning- them in a
culleus, or sack, or burning- them alive. And this was one
of those crimes, to which the Emperors at Easter would
g-rant no indulgence,'^ nor allow any appeal to be made
from the judge to themselves in favour of the criminals, as
appears not only from this law of Constans, but several
others.^ It may not be amiss also to observe out of one of
the laws of Theodosius,* that for a Christian, man or wo-
man, to marry a Jew, was reputed the same thing as com-
mitting adultery, and made the offending party liable to the
same punishment ; because it was at least a spiritual adul-
tery, and a sacrilegious prostitution of the members of
Christ to the insolence and power of his greatest enemies.
And indeed there is nothing that the Ancients more gene-
rally condemn than this of Christians joining- in marriage
with Jews, or Heathens, or Heretics, or any persons of a
different religion ;^ not because it was strictly and properly
adultery, but because it was against the rule of the Apostle,
which orders women to " marry only in the Lord" and there-
fore dangerous to the faith, by running themselves into
temptation of changing their religion, cither by perverting
' Cod. Thood. ib. Manifestis piohationibus aduUcrio probato frustrato-
ria provocatio mininie admittatur: cum pari siinilique ratione sacrilegos nup-
tiarum, tauquam manifestos parricidas, insuere cuUoo vivos, vcl exurerc,
judicantem oporteat, ^ Cod. Theod. lib. ix. tit. 38. De indul-
geiitiis crimiiium. leg. 3, 4, 6, 7, 8. ^ Cod. Th. lib.
ix. tit. 36. Quorum appellationes non recipiantur. leg. 1, 4, 7.
* Cod. Th. lib. ix. tit. ix. ad legem .luliam de adulteriis. leg. 5. Ne quis
Christianam iiudierem in matrimoniuin Judaeus accipiat, neque Judaa; Chris-
tianus conjugium sortiatur. Nam si quis aliquid hujusmodi admiserit,
adulterii vicem coniinissi hujus criiuen obtinebit.
^ Arabros. de Abrahamo. lib. i. cap. ix. Cave, Christianc, gentili aut
Judaeo filiam tuam tiadere: cave, inquam, gentilem aut Juda^am, atque
alienigenani, hoc est, haereticam, ctomnem alienam a tide tufi uxorem accer-
sas tibi. Vid. Aug. Ep. i?34. ad Rusticuin. Con. Elibci it. can. xvi. Con.
Laodic. can. 10, and 31.
/
364 THE ANTIQUITIES OF THE [bOOK XVI.
and corrupting the faith, or wholly deserting- and aposta-
tizlnof from it.
Sect. 3,— Of Incest.
Another sort of uncleanness was committed by incestuous
marriages, that is, when persons of near alliance, either by
consanguinity or affinity, made marriages one with another,
within the degrees prohibited by God in Scripture. As if a
man married his father's wife, or his wife's daughter, or his
brother's wife, or his wife's sister ; which are cases in affini-
ty, particularly mentioned in the Council of Auxerreas pro-
hibited cases.* St. Basil says,^ incest with a sister was to be
punished with the same penance as murder; and all inces-
tuous conjunction, as adultery,^ He, that committed incest
with an half-sister,* was to do eleven years penance ; and he,
who committed incest with his son's wife,* was to do the
same. He, who successively married two sisters,® was to do
the penance of an adulterer, which was fifteen years. And
about all cases of this nature, the Ancients were perfectly
agreed. Herein especially the Christian morals exceeded the
heathen. Among; the Persians, it was allowed bv law for
the father to marry liis own daughter, or a son his own
mother or sister, as is observed by Orig-en ;^ Minucius says^
the same of the Egyptians and Athenians ; andTheodosius,
speaking particularly of the Persians in his own time,^ says,
it was then a mark of honour and religion for their princes
to marry their own mothers, or sisters, or daughters. And
Gothofred gives many instances among the Romans of men
marrying their sister's daughters,'" and their brother's daugh-
ters, the latter of which was never forbidden by any of their
' Con. Antissidor, can. xxrii, xxviii, xxix, xxx. * Basil, can.
Ixvii. ^ Id. can. Ixviii. * Ibid. can. Ixxv. * Ibid,
can. Ixxvi. « Ibid. can. Ixxviii. ' Orig. cont. Cels. lib. t.
p. 248. Aug. de Civ. Dei. lib. xv. cap. 16. * Minuc.
Octav. p. Uti. Jus est apud Pcrsas misccii cum nialribus : iEgyptiis et
Athenis cum sororibus li-gitimaconnubia. ^ Tlicod. Com. in Levit.
xviii. 8. '" Gothofred. in Cod. Tiicod. lib. iii. Tit. xii. de In-
cestis Nuptiis. Leg. i. ex Tacito. Lib. xii. Annal. Suclon. Vit. Claudii
cap. .\xvi. Vif. Doniiliani, cap. xxii.
CHAP. XI. ] CHRISTIAN CHURCH. Siio
laws, thouo-h the former had sometimes a restraint laid upon
it. But Constantius made it a capital crime for any one to
marry his brother's or sister's daughter, which was abomina-
ble.' He equally condemned the marrying- of two sisters,*
or a brothers wife (though the Jewish law allowed the lat-
ter in a certain case) under the penalty of having their chil-
dren illegitimate, and accounted spurious. And Theodosius
Junior thought it proper to repeat the same law,* though
Honorius himself had made a stretch upon it, by marrying-
two sisters, the daughters of Stilicho, successively the one
after the other. The ecclesiastical law dissolved all such
marriages as incestuous, and obliged the parties to do pe-
nance for their lewdness. The Council of Eliberis requires
five years penance,* unless some intervening- danger of death
require the time to be shortened. The Council of Neocai-
saria orders the woman,* that is married to two brothers, to
remain excommunicate to the day of her death, and then
only to be reconciled by receiving- the sacrament in extremity,
upon condition, that if she recovers, she sliall dissolve the
marriage, and submit to a course of solemn repentance.
St. Basil arg-ues at larg-e for the nullity and dissolution of
all such marriages,*^ in an Epistle to Diodorus Tarsensis,
under whose name there went a feigned treatise in defence
of them. And among the Apostolical Canons there is one
that orders ;'' " That whoever marries two sisters, or his bro-
ther's daughter, shall never be admitted among the clergy.""
' Cod. Theod. Ibid. Si quis filiam fratiis, sororisve, faciendum crediderit
abnminantur uxoreiii, aut in ejus amplexum, non ut patruus aiit avunculus,
convolavcrit, capita'.is senteutia; poena teneatur. ^ Cod. Theod. )ib.
jii. til. 1-2. de Incestis Nuptiis. leg. ii. Etsi licitum veteris crediderunt
nuptiis frafris solutis, ducere fratium uxorem ; licitum etiara post mortem
mulieris vel divortium, contraheie cum cjusdem sorore conjugium : abstineant
hujusraodi nuptiis universi, nee aistiment posse legitimes liberos ex hoc con-
sortio procreari ; nam spuiios esse convenit, qui nascentur. * Ibid,
leg. iv. * Con. Eliber. can. Ixi. Si quis po.st obltum uxoris suae, so-
rorem ejus duxerif, quinquennium acommunione placuit abstineii, nisi forte
dari pacem velocius nccessitatas coegerlt infirmitatis. Con.
Neoca:sar. can. il. « Basil. Ep. 197. ad. Diodor. Tarsens.
' Can. Apost. xlx.
3GG THE ANTIQUITIES OF THE [boOK XVI.
Sect. 4.,— Whether the Marriage of Cousin-Germans was reckoned
Incest.
But they are not so clear and unanimous in the question
about the marriage of cousin-germans. Till the time of St.
Ambrose and Theodosius there was no law against it, but
Theodosius by an express law absolutely forbad it. This
law is not extant now in either of the codes, but there is re-
ference made to it by many ancient writers. Honorius in
one of his laws makes mention of it,^ confirming- the pro-
liibition, though under a different penalty. For whereas
Theodosius made the penalty to be confiscation and burning-,
he moderated the punishment into confiscation of the par-
ties'goods, illegitimation of their children. And Arcadius
by another law took off confiscation also,^ but made all such
still guilty of incestuous marriage, and rendered them in-
testate, and their children illegitimate, and incapable of
succeeding to any inheritance, as being only a spurious
off-spring. Gothofred has observed likewise,^ that there is
mention made of this law of Theodosius in the writings of
Libanius,* who speaks of it as a new law made by him, to
forbid the marriage dviipioi, that is cousin-germans. The like
is said by St. Ambrose,* who takes-notice of the severepun-
ishmcnt which the Emperor laid upon all those, that married
in contradiction to the law. And it is thought that St. Am-
brose was the Emperor's adviser in the case, being of opinion
himself that such marriages were incestuous and prohibited
' Cod. Theod. lib. iii. tit. 10. Si nuptiaj ex rescripto petantur. leg. i.
Exceptis his, quos consobrinoruin, hoc est quarti gradQs^onjunctionem, lex
triumphalis memoriae patrisnostri exemploindultorum sup})licare non vetavit,
&c. * Cod. Th. lib. iii. tit. 12. de Incestis Nuptiis. leg. 3. Ma-
nente circa eos senteutia, qui post factam dudum legem quoquo raodo abso-
luli sunt aut puniti, si quis incestis posthfic consobrinK sua;, vel sororis aut
fratris filiic, uxorisve sese nuptiis funestarit designate quideni lege
supplicio, hoc est, ignium et proscriptibnis, careat, proprias etiam quamdiu
vixcrit tencat facultatis : sed neque uxorem neque filios ex eS editos habere
credatur, ut nihil prorsus pricdictis, ne per interpositam quidem personam,
vel donet superstes, vel mortuus derelinquat. ^ Gothofred. in Cod.
Th. lib. iii. tit. 10. leg. 1. * Liban. Orat. pro.Agricolis. de Angariis.
* Ambrose Ep. Ixvi. ed Paternum. Theodosius Iniperator etiam
patrueles fratres et consobrinos Vetuit inter se conjugii convenire nomine,
et severissimam paiuam statuit si quis temerare ausus csset fratrura pia pig-
nora, &c.
CHAP, XI.] CHUISTIAN CHURCH. 36?
in Scripture. St. Austin was of a diflerent judgment from
St. Ambrose, yet he mentions the Emperor's hivv, and ad-
vises men to refrain from such marriag-es ;* because tliough
neither the divine law, nor any human law before that ofTlie-
odosius, had prohibited them, yet most men were scrupulous
about them, and such marriages were very rarely made,
because men thought they bordered very near upon unlaw-
tul ; whilst the marrying a cousin-german was almost
deemed the same thing- as marrying a sister, and the pro-
pinquity of blood gave men a sort of natural aversion to
such engagements with their near kindred. It appears from
this, that there was no human law before that of Theodosius
to prohibit this sort of marriages; and in St. Austin's opi-
nion there was nothing to hinder them in the law of God.
Athanasius w^as of the same judgment;^ for he says expressly,
that by the rule of God's commands the conjunction of cou-
sin-germans, or brother's and sister's children in matrimony,
was lawful marriage. And afterwards Arcadius revoked all
former laws that he himself or others had made in deroffa-
tion of such marriages declaring them legal,^ and that no
action or false accusation should lie against them, but that
if cousin-germans married together, whether they were the
children of two brothers, or two sisters, or a sister and a
brother, their matrimony should be lawful, and their children
legitimate. Justinian made this the standing* law of the
empire, not only by inserting- it into his Code, but by decla-
ring the same thing- in his Institutions.* Where Contius^
' Aug. de Civ. Dei. lib. xv. cap. 16. Expert! sumus in connubils conso-
brinoruin etiain nostiis temporibus, propter gradum propinquilatis fraterno
gradui proxiiiiuiii, quam raio per mores fiebat, quod fieri per leges Hcebat,
quia id iiec divina prohibuit, et nonduiu prohibuerat lex huniana : verunta-
men factum etiam licituni propter vicinitatem horrebatur illiciti, et quod fie-
bat cum consobrinfi, pene cum sorore fieri videbatur, &c, * Athan.
Synops. Scriptur. Lib. Numeror. torn. ii. p. 70. Nofu/zoj/tii-at ya[iovT7)vTrpog
avtil'iaQ av'Cir/iav, ^ Cod. Justin, lib. v. tit. i. de Nuptiis. leg. xix.
Celebrandis inter consobrinos niutrinioniis licentia legis hujus salubritate
indultaest; ut revocati prisci juris auctoritatp, reslinctisque calumniarum
fomentis, matriinonium inter consobrinos habeatur legitimuui, sive ex duo-
bus fratribus, sive ex duabus sororibus, sivc ex fratre et sorore nati sunt,
&c. * Justin, luslit. lib. i. tit. 10. Duorum fratrum vel sororum.
liberi, vel fratris et sororis conjungi possunt. * Contius in locum.
3G8 THE ANTIQUITIES OF THE [bOOK XVf.
rightly observes, that though some copies and some ancient
writers, as Theophihis and others, read it negatively,
" Conpmgi non possutitr yet the other is certainly the
true reading, both because it is agreeable to the law of
Arcadius in the Code, and because Gregory the Great so
alleges it in his answer to Austin the Monk upon this
question, saying,' " the civil law of the Roman Empire
allows the marriaore of cousin-o;-ermans, but the sacred law
forbids it." And this was now the known difference be-
tween the civil and ecclesiastical law. For though Zepper^
alleges the Council of Epone and the second of Tours, as
allowing such marriag-es, yet he plainly mistakes in both.
For the Council of Epone expressly styles them incest and
adultery,^ ranking them with marriages contracted with a
sister, or the relict of a brother, or a father's wife. And the
Council of Tours is as plain in the matter,* quoting the
foresaid canon of Epone, and another of the Council of
Arvern or Clermont against them. Gregory II. made a like
decree in a Council at Rome,^ Anno 721, and in the follow-
ing ages the prohibition extended to the sixth or seventh®
generation. The short of the whole matter is this : before the
time of Theodosius there was no law, ecclesiastical or civil, to
prohibit the marriage of eousin-germans : under the reign of
Theodosius they were forbidden, but allowed again in the next
reign, and under Justinian, who fixed the allowance in the
body of his laws. But still the canons continued the prohi-
bition, and extended it to a erreater degTee. But as this
was not the original constitution, nor the practice of the
* Greg. lib. xii. Ep. 31. et ap. Bedam. lib. i. cap. xxvii. Qusedam ter-
rena lex in Romana republicu pcnnittit, ut sivc frater et soror {Acs;, fratris
et sororis) si-ujduorum fratium ifernianorura, vol duariim soronim filius et (ilia
misceantur. Scd sacra lex prohibet, &c. * Zepper. Legum Mosaica-
rum Forensium Explanat. lib. iv. cap. 19, p. 506. '' Con.Epaunen.
can. XXX. Incestis junctionibus nihil proisus venife reservamus, nisi cum
adulterium separatione sanaveriat; si qiiis novercam duxerit, si quis
consobrinae se societ. * Con. Turon. ii. can. 22. Quisquis aut sornrcm,
aut filiam, aut certe gradu consobrinani, aut fratris uxorcm, scokratls sibi
nui)tiis juxerit, liiiic pcnna; subjacoat, &c. *('on. Roman, can. S. Si
quis consobriuain duxerit in conjugiuni, anathema sit. ^ Vid. Gralian
Caus. 85. Qusest. 6.
CHAP. XI. J CHKISTI.^N CHURCH. SU'J
Churclj for somo ages, to bring such miirriages undor peni-
tential discipline, as incestuous or sinn)ly unlawful; so I
have not here laid this load U{)on then), but given the fair
account of men's sentiments on both sides, and the different
practices both of Churc!) apd state in several ac*es : actine:
the part of an historian, bnt not inducing the reader to con-
demn what was once allowed by the general vote of the Ca-
tholic Church, however differently represented in later ages.
Sect. 5. — Of Polygamy, and Concubiiiajjc.
The next question may be about polygamy, w^hich denotes
cither having many wives at once, or many successively one
after another. As to the former,* Socrates tells a very
strange story of the Emperor Valcntinian, that by the ad-
vice of his wife Severa he married a second wife, whilst she
was living"; and upon that made a law to grant liberty to all
that w ould, to have two w ives at the same time. The au-
thor of the book, called, Polygamia Triumpkatj'ix, makes
a great stir with this pretended law in favour of polygamy;
which in all probability is a mere fabulous story, which
Socrates too hastily took up from the relation of some crafty
impostor. For there is no footstep of any such law in either
of the Codes, but much to the contrary. For even the
Heathen law forbad it to the old Romans,^ as is evident
from an edict of Diocletian in the Justinian Code, where he
says, " no Roman was allowed to have tw^o wives at
once, but was liable to be punished before a competent
judge." And the Christian law forbad the Jews also to
have two wives at once,^ according to the allowance of
their own law. Salust* 8ays the Romans were used to de-
ride polygamy in the barbarians. And though Julius Coesar*
attempted to have a law pass in favour of it, he could not
' Socrat. lib. iv. cap 31. * Cod. Justin, lib. y. tit. 5. de Incestis
Nuptiis. leg. ii. Neminera, qui sub ditione sit Romani nominis, binas uxores
habere posse vulgo patet, &c. * Ibid. lib. i. tit. 9. de JudjEis. leg.
7. Nemo Judaeorum morcm suum in conjunctionibus retineat, nrcjuxta legem
suam nuptias sortiatur, nee in diversa sub uno tempore conjugia conveniat^
♦Salust. de Bello Jugurth. ^ Sueton. Vit. Julii Cses. cap. lij
VOL. VI. • B
370 THE ANTIQUITIES OF THE [bOOK XVI.
effect it. And Plutarch remarks', that Mark Antony was
the first, that liad two wives among the Romans. But that,
which is most decisive, is, that neither Zosimus, nor Ammi-
anus Marcellinus, the heathen historians, object any such
thing- to Valentinian ; which they would not liave failed to
have done, had he taken or granted any such hberty con-
trary to the laws of the Romans before him ; but on the other
hand Ammianus Marcelhnus says expressly of him,^ " that he
was remarkable for his chastity both at home and abroad,
and had no contagion of obscenity upon his conscience ;
by which means he was able to bridle the pctulancy of the
imperial court,and keep itin good order." And Zosimus rather
intimates ,^that he did not marry his second wife, Justina,till
Severa his first was dead. Whence Baronius* and Valesius*
rightly conclude, that this story in Socrates must needs be
a mere groundless fiction, and that there never was any law
to authorise polygamy in the Roman Empire. As to the
laws of the Church, St. Basil observes,*"' that the Fathers
said little or nothing of polygamy, as being- a brutish vice,
to which mankind had no very great propensity. But he
determines it to be a greater sin than fornication, and con-
sequently it oiight to have a longer course of penance as-
signed it: for fornication was to have seven years punish-
ment by St. Basil's rules, and yet the term of penance for
polygamy in this canon is only fourycjirs: which makes
learned men suspect, that this part of the canon is corrup-
ted by the negligence of transcribers, and that St. Basil
originally assigned a longer term of penance for this sin,
than appears from any copies now extant, which only re-
• Plutarch. Vit. Anlou. ^ Aiiimian. Hist. lib. xxx. p. 462. Om-
ni pudicitiai cullu domi castus et foils, iiullo eonscieutiae contagio violatus
obscenac ; hancqvie ob causam taiuiuam rotiiiaculis pctulantiaiu aula; regalis
fren.1rat, quod custodire facile potuit. '' Zosini. Hist. lib. iv.
* Baron, an. 370. toni.iv. p. 'i7-il. Vodcl. do Prudent Vel. Eccl. p. -2-29. is
against Baronius, but Mclc. Zicdlcr do Polyganiia. p. 117. defends Baroni-
us's arguments. Vid. Fabric. Bibl. Antiq. p. 58S. where he discourses of
Luther's allowing Philip, Prince of Hesse, to have a second wife, and Hono-
rius iii. dispenses witli Polygamy in the Earl of Gleichen out of Seek,
and Bale and Tentzel. * Vales, in Socrat. lib. iv. c. 31.
« Basil, can. 80.
CHAP. W.] CHRISTIAN CIIURCII. 371
quires one years pon.'inceintho quality of mourners, and three
years in the class of co-standers, >vithoutany mention of their
being- hearers or pjostrators, which arc usually specified in
most other canons of this author. In the first Council of Tole-
do,' there is also a rule, which accounts it the same thini^- as
polygamy for a man tohavea wife and a concubine tog"ether:
for such an one may not communicate. But if he have no wife,
but only u concubine insteadof a wife,he may not be repelled
from the communion, provided he be content to be joined to
one woman only, whether wife or concubine, as he pleases.
The difficulty, which seems to be in the latter part of this
canon, I have been at some pains to explain in a former
Book,- where I shew, that in the sense of the ecclesiastical
law, a concubine differs nothing from a wife ; though the
civil law made a greater distinction between them ; calling-
her only a concubine, who was married against any of the
rules, which the laws of the state prescribed, and denying
her the privileges, rights, and honours, which belonged to
aleo-alvvife: for she could claim no right from her hus-
band's estate, nor her children succeed to his inheritance:
yet she was not reputed guilty of fornication, nor the hus-
band accounted an adulterer in the eye of the Church, be-
cause they kept themselves faithfully and entirely to each
other by an exact performance of the mutual contract made
between them. Which was the reason why the Church al-
lowed such a man to communicate, who was united to a
concubine, in the foresaid sense, instead of a w^ife ; but
reckoned him guilty of polygamy, who kept a concubine and
a wife tooether.
'O
Sect. 6.— Of Marrying after unlawful Divorce.
Another sort of polygamy was, the marrying of a second
wife after the unlawful divorcement of a former. For this
in effect was reputed the same as having two wives at once.
' Con. Tolet. i. can. 17. Si quis habens uxorcm fidelis, concubinam
habeat, non cominunicet. Cicterum is, qui non liabet uxorem, et pro uxore
concubinam habeat, a communione non repellatur, tantum ut unius mulieris,
aut uxoris concubinae, ut ei placuerit, sit conjunctione contentus.
" Book. xi. chap. v. sect. 11.
2 B 2
/
372 THE ANTIQUITIES OF THE [BOOK XVI.]
There were some cases, in which a nian might lawfully put
away his wife, without any transgression against the rules
of Church or State, or violation of any law human or divine.
The civil law allowed it in many cases. Constantine spe-
cifics three cases,' in which a man was at liberty to put away
his wife, or a woman her husband. A woman might not
divorce herself from her husband at pleasure for any ordi-
nary cause, as, because he was a drunkard, or a gamester,
or given to women ; but only for these three crimes, if he
was a murderer, or a poisoner, or a robber of graves ; if other-
wise, she was to forfeit all her title to his substance, and be
sent into banishment. In like manner, the husband was not
to put away his wife, but only for the three crimes of adul-
tery, poisoning, and the praciice of bawdry. If otherwise,
the woman might claim her own portion, and the man was
incapacitated to marry again. The following Emperors al-
lowed many other causes of lawful divorce,* as, if an has-
band was an adulterer, or a murderer, or a poisoner, or guil-
ty of treason against his prince, or a perjured person, or a
plunderer of graves, or robber of churches, or an high-way
man, or harbourer of such, a stealer of cattle, or a man-
stealer, or one frequenting the company of lewd women,
which extremely exasperates a chaste wife ; if he attemp-
* Cod. Theod. lib. iii. tit. 16. de Repiidiis. leg. 1. Placi't, mulieri non
licerc propter suas pravas cupiditates niarito repudium mittere exquisitii
causS veliit ebrioso, aut alcatoii, aut inulierculario : ncc vero maritis per
quascunque occasioiies uxorcs suas dimittere. Sed in repmlio niittendo a
fopminfi liccc sola criinina iuquiri, si honiicidam, vel niedicainentarium, vel
aepulchroiuindissolutorum inaiituni suum esse probaverit, &c. In niasculis
etiani, si repmlium niittant, liiec tria crimina inquiri conveniet, si moccham,
vel medicanientariuni, vel coueiliatricem rei>udiare voluerit, &c.
■ Cod, Justin, lib. v. tit. 17. leg. 8. Theod. Junior. Si qua maritum suum
adulterum, ant homlfiiiiun, aut veneficum, Tel certe contra nostrum imperiuni
aliquid niolientein, vel falsitatis criniine condeujnalum iiiveneril, si sejjul-
chrorum dissolutoruni, sisacris aidibus aliquid subtrahentem, si latronem, vel
latronum susceptoreni, vel actnroin, aut plagiariuni, vel ad contemptum sui
domflsve sua;, ipsft inspiciente, cum iinpud.cis mulieribns (quod maxiine
etiam castas exasperat) cactuui ineuntem ; si sus vita; voneno, aut gladio,
aut alio siinili modo insidianfem ; si se verberibus (qusp ingenuis allena sum)
afficienteni probaverit : tunc repndii auxilio uti necessario ei permittimus
libertatem, et causas dissidii legibus comprobare, &c, Ser also Justin. Novel.
xxii. cap. 3. Novel, cxvii. cap. 8. et Cod. de Repudiis Ug. 10. ct 11.
CHAP. \l.] CHRISTIAN CHUKCJl. 373
ted lior life by poison, or the sword, or any tlie like means;
if he heat her as a .slave, eontrary to the rules of using- free-
born women: in any of these cases she had liberty to use
the necessary help of a divorce, making- proof of the cause
before a competent judge. And the same liberty was al-
lowed the man against his wife upon these and the like rea-
sons. But the ecclesiastical laws were much stricter, and
admitted of divorces only in ease of adultery, and malicious
desertion. In the case of adultery, women as well as men
were allowed to divorce themselves from the offending par-
ty, as appears from the case related by Justin Martyr,* and
out of him by Eusebius,^ and several places of St. Austin.*
And some canons oblige the clergy to dismiss their adulte-
rous wives,* under pain of ecclesiastical censure, whilst St.
Austin pleads with the laity,'* rather to be reconciled to an
adulterous wife upon her repentance, than dismiss her en-
tirely, because of many great inconvenioncies that might
attend it. One of which was, that he thought the Scrip-
ture forbad both man and woman to marry again, even after
a lawful divorce, till one of the parties was dead. But he
does not so dogmatically assert this, as to make marrying-
after such a lawful divorce, to be a crime worthy of excom-
munication. For in another Book, where he treats of the
qualifications of baptism, he says,*^ " A man who puts
away his wife for adultery, and marries another, is not to
be ranked with those, who put away their wives without
cause, aud marry again. For the question is so obscurely
resolved in Scripture, whether he, who putting- away his
' Justin. Apol. i. p. 49. * Euseb. lib. iv. cap. 17.
' Aug. de Adulterinis Conjugiis. lib. vii. cap. 6. &c.. It. de Bono Conju-
gali. cnp.vii. * Con.Neocfesar. can, 8 ^ Aug. de Adult. Con-
jug, lib.ii. per totuni. " Aug. de Fid. et Oper. cap. xix. Quisquis uxorem
in adulterio deprchensam dimiserit, et aliam duxerit, non videtur a;quandus
eis, qui excepta causS adultciii dimittunt ct ducunt. Etin ipsis divinis scn-
tentiis ita obscurum est, utrum et iste cui cjuidem sine dubio adulteram licet
dimlttere, adulter tamen habeatur si alteram duxerit, ut quantum existimo
venialiter ibi quisque fallatur. Quamobrcfn quae manifesta sunt impudicitiae
criinina, omnimodo a baptismo prohibendasunt, nisi niutationc voluntatis et
paenitentia corrigantur: quae autein dubia, omnimodo conandum est ne fiant
tales conjunctiones. Quid enim opus est in tantuin discrinien ambiguitatis
caput inimiltpre ? Si autem lactre luerinl, ncscio utruni ii qui I'eccrint, simi-
liter ad baplisraum non debere videatur admilli.
374 THE ANTIQUITIES OF THE [BOOK XVI.
wife for adultery miinies again, be upon that score an
adulterer, that a man maybe supposed to err venially in the
matter. Therefore those crimes of uncleanness, which are
manifestly so, ought to debar a man from baptism, unless
he change his mind, and correct his crimes by repentance:
but for those, which are duV^ious, all that is to be done, is to
endeavour to persuade men not to engage in such marriages.
For what need is there for men to run their heads into such
dangerous ambiguities 1 But if they are already done, I
am not sure, that thev, who do them, ought therefore to be
denied baptism,'" By this it appears, that though St. Aus-
tin in his own opinion was persuaded, that marrying after a
lawful divorce was forbidden in Scripture ; yet it was not
so clearly forbidden, as to render a man incapable of bap-
tism ; nor consequently of the communion : these being of
the same account in Christianity, and a man, that is incapa-
ble of the one, is incapable of the otltor. The first Coun-
cil of Aries seems to have acted upon the same sentiments.
The Fathers there declare it unlawful for men,^ who put
away their wives for adultery, to marry others : but they do
not order, that the great censure of excorarmnication shall
be inflicted on them, but only, that they shall be dealt with
and advised not to marry a second wify, while the other, who
Avas divorced for adultery, was living. The author, under
the name of St, Ambrose,^ makes a difference between the
man and the woman : he says " The man was allowed to
marry a second wife, after he put away a first for fornica-
tion, but the Apostle did not allow the same privilege to the
woman." In which opinion he seems to be singular. For
Epiphanius, speaking of^the same matter,^ says, " That as
the Scripture allow s men to marry a second wife after the
death of the first: so if a separation is made upon the ac-
count of fornication, or adultery, or any such cause, it does not
' Con. Arelat. i. can. 10. De his quiconjugessuas in adultcrio depre-
lipnrlnnt, et iidem sunt adolescentes fideles, et prohibentur nubere ; placuit,
utin quantum potest, consilium eis detur, ne viventibiis uxoribus suis, licet
adultpiis, alias accipiant. « Ambros. inl.Cor.vii.il. torn. v. p. 262.
Non perniititur nuilieri ut nubat, siviiuni suuin rausfi fomicationis dimlserit.
Viro licL'tducere uxorcm, si uxoreni diiniscrit peccantem.
^ Epipiian. lifer. 59. Calharor- n. I. '
CHAP, XI.] CHRISTIAN CHUUCH. 370
condemn oither thoinan, that marries a second wile, or the wo-
man, that marries a second husband, nor deny them the privi-
lege of Churcli-eommunion or eternal life, but jjeurs with
them for their infirmity." AndOrigxMi,' thouo-h he himself was
ag-ainst tlie things, plainly declares, that there were some
bishops in his time, who allowed women as well as men to
marry after such divorces, whilst the separate party was
still living : which he reckons indeed to be against those rules
of the Apostle, " A woman is bound as long- as her husband
liveth f and, " She shall be called an adulteress, if as long-
as her husband liveth, she be married to anotlier man :'' Yet
he thinks they might have reasons for permitting- it: because
perhaps they had regard to the inlirmity of such as could
not contain, and only permitted an evil against the original
rule to avoid a greater sin. Yet some Councils forbad such
marriag-es under the penalty of excommunication to those,
that were of the number of the faithful;^ only making- some
allowance to those, that were mere catechumens.^ To this
purpose there are two canons in the Council of Ehberis,
and one in the Council of Milevis,* which orders, that accor-
ding- to the evang'elical and apostolical discipline, neither
the man, that is divorced from his wife, nor the woman divor-
ced from her husband, shall marry others, but either abide
so, or be reconciled : and they, that contemn this order, are
to be subjected to public penance ; and withal a petition
' Orig. Tract. 7. in Mat. torn. ii. p.67. Scio enimquosdam qui praesunt
Ecclesiis, extra Scripturam permisissealiquam mibere. Tiro priori vivente :
Et contra Scripturam quidem fecerunt, dicentem, " Mulier ligata estquanto
tempore vivit vir ejus." Item, " Vivente Tiro, adultera vocabitur, si facta
fuerit alteri viro." Non tanion omnino sine causft hoc pennisorunt : forsitan
enim propter liQjusmodiinfirmitatem incontinentium hominum, pejorura cora-
parationc, qure inala sunt permis. runt, adversus ea quae ab initio fuerant
scripta. - Con. Eliber. can.ix. Fidelisfoemina, quae adulterum mari-
tum reliqueritfidelem et alteruin duxerit, prohibeatur ne ducat. Si autem
duxerit, iion prius accipiat coramunionem, quam is quem reliquit, de seculo
exierit, nisi necessitas infirmitatis dare compulerit. ' Ibid. can. 10.
Si ea, quam catechumenus reliquerit, duxerit maritum, potest ad fontem lava-
cri admitti. Hoc et circa faeminas catechumenas erit observandum.
* Cone. Milcvit. can. xvii. Placuit ut secundum evangelicam et apostolicam
disciplinam, neque dimissusab uxore, neque dimissa a marito, alteri conjun-
gautur: sed ita maneant, aut sibi reconcilientur. Quod si contenipserint, ad
pccnitentiam rcdigantur. In qua causa Ugera imperialem petendara proraul-
gari. Vid. Cod. Afric. can. cv.
3TG THK ANTIQUITIES OF THE [BOOK XVI.
should be presented to the Emperor to desire him to con-
firm this rule by an imperial sanction. From all uhich we
may easilv perceive, that this was always reckoned a diffi-
cult question, whether persons after a lawful divorce mig-ht
marry ag-ain in the life-lirnc of the relincjuis^hed party ? The
imperial laws allowed it ; many of the ancient Fathers also
approved it ; some condemned it, but suffered it to pass
without any public punishment ; and others required a cer-
tain penance to be done for it in the Church. Of all which
different practices the learned reader, that is more curious,
may find an ample account in Cotelerius's notes upon
Hermes Pastor.' But though they differed upon this point,
there was no disagreement upon the other, that to marry a
second wife after an unlawful divorce, whilst the former
was living', was professed adultery, and as such to be pu-
nished by the sharpest censures of the Church. The Apos-
tolical Canons order every one to be excommunicated,* wlio
eitherputs away his wife and marries again, or marries one,
that is put away by another. And all canons generally
agree to debar such from entering into holy orders,
as marry a wife, that is put away by another man. The
Council of Eliberis goes furtlier,^ and orders such women,
as forsake their husbands without cause, and marry others,
" to be refused communion even at their last hour." And
suchas marry men, * who haveputaway theirwives unjustly,
if they do it knowingly, "are not to be received till the last
moment of their days," or as other copies read it, " no, not
at their last hour,''
Sect. 7.— Of Second, Third, and Fourth Marriages.
Some canons also press hard upon second, third, and
fourth marriages, by which they seem not to understand
' Coteler. Patres. \postol. torn. i. p. 68. ' Canoit,
Apost. xlviii. Vid. Basil, can. xlviii.
' (on. Eliber. can. viii. FicminBe qua; nulld pra?cedente causfi reliquenint
vires suns, et aUeris se copulaverunt, nee in fine accipiant communionop'.
♦ Ibid. can. x. Si fuerit fidelis, quae duciturab eo ,qui uxonni
}ncii1patam reli(iuerit, et cum scierit ilium Imbcre uxorem, quam sine can!«fi.
jpliquit, placuit hujusmodi in fine dari coranuinionvm al. nrc in fine dure
fommunionem.
CHAP. XI.] cmusTiAN ciiiurii. 377
t'itlier sitnultaneoiis polygamy, or marrying- after divorce,
wljilst the former wife was living ; but marrying two or three
wivt's successivoly after the death of the former. For
thoug-h tlioy did not account those downright adultery, nor
with the Montanists and Novatians condemn tlicm as simply
im lawful ; yet some of the Ancients were willing to discou-
rage them, and therefore they imposed a certain term of
penance upon them. The Council of Neocaisarea in one
canon says,' " They, that marry often, have a time of pe-
nance allotted them:'' and in another,^ " No presbyter shall
be present at the marriage-feast of those, that marry twice:
for a digamist requires pennnce. How then shall a presl)v-
ter by his presence at such feasts give consent to such mar-
riages ?" There are many other harsh expressions in Athc-
nagoras, Irenajus, Origen, Gregory Nazianzen, Chrysos-
tom, Jerom and others concerning second and third marria-
ges, which the learned reader may find collected by Cote-
lerius,' in his Notes upon Hermes Pastor and the Constitutions.
The latter of which writers declares also against second and
third marriages, as transgressions of the law, and brands
fourth marriages with the hard name of" irpoipavrig iropveta,
manifest fornication.'' But Hermes Pastor is more candid :
for in answer to the question, whether men or women may
marry after the death of a first consort? He says,* " He
that marries sins not: but if he continues as he is, he shall
obtain great honour of the Lord." He neither condemns
second marriage, nor gives it any hard name, nor lays any
penalty upon it; but only makes it matter of counsel and
advice to refrain under the prospect of a great reward.
And St. Austin answers the question after the same man-
ner,* that he dares not condemn any marriages for the num-
ber of them, whether they be second, or third, or any other.
' Con. Neocaesar. can. iii. ' Ibid. can. vii. * Cotcler.
Not. in Herm. Past. Mandat. iv. lib. ii. et in Constit. lib. iii. cap. 2.
♦ HerT. Pastor, lib. ii. Mandat. iv. n. 4. Si vir vel muliev alicujus de-
cesserit, el nupserit aliquis eorum, numquid peccat ? Qui nubit, non pcccat :
Sedsi per senianserit, magnum sibi conquirit honoremapud Dominum.
* Auff. de Bono Viduitatis. cap. xii. Nee ullas nuptias audco damnaie, nee
eis v«ricundiam numerositatis auferrc, &c.
378 TH[i ANTIQUITIES OP THE [BOOK XVI.
" I dare not he wise above what is wiitten. Who am I,
that I should define what the Apostle has not defined ? ' The
woman is bound/ says the Apostle, ' As long as her husband
liveth.' He said not, the first husband, or the second, or
the third, or the fourth ; but ' The woman is bound as
long- as her husband liveth: but if her husband be dead,
she is at liberty to be married to whom she will ; only in the
Lord. But she is happier, if she so abide.' I see not what
can be added to, or taken from this sentence. Our Lord
himself did not condemn the woman, that had had seven hus-
bands. And therefore I dare not, out of my own heart,
without the authority of Scripture, condemn any number of
marriages whatsoever. But what I say to the widow, that
has been the wife of one man, the same I say to every wi-
dow, thou art happier, if thou so abidest." Epiphanius
had occasion to dispute the matter both against the Monta-
nists and Novatians, where he says,^ " The Montanists were
of the number of those, who forbid men to marry, rejecting'
all such as were twice married, and compelling them not to
take a second wife; whereas the Church imposed no neces-
sity on men, but only counselled and exhorted those, that
were able, laying no necessity upon the weak, nor rejec-
tinir them from hopes of eternal life." In like manner he
blames the Novatians,^ for making the rule, which was given
to the clergy, to be the husband of one wife, extend to all:
whereas it was lawful for the people, after the death of a
first wife, to marry a second. For though he, who was con-
tent with one w ife, was had in more honour and esteem by
the Church ; yet the Scripture did not condemn him, who
married a second after the death of the first, or after a di-
vorce made for fornication or adultery or any such cause ;
neither did it reject him from the privilege of Church-com-
munion or eternal life. And it is certain the great Council
of Nice thus determined the matter against the Novatians,'
requiring' them upon their return to the Church, to make
' Ep. Ilffif. xUiii. n. 9. » Id. liter, lix. n. 4. ' Con.
Niccn. can. viii.
CHAP, xi.] cmtisTiAN cnuKcri. 37y
profession in writing-, that they would submit to the decrees
of the Catholic Church, particuUxrIy in this, that they would
" diyaiiioii: KoivMviXv, communicate with digamists,''' or those,
that wore twice married. So that whatever private opinion
some mi'^ht entertain in this matter, or whatever private
rules of discipline tliere might be in some particular Churches
in relation to digamists; it is evident the general rule and
practice of the Church was not to bring- such under disci-
pline, as guilty of any crime, which at most was only an
imperfection in the opinion of many of those, who passed
an heavier censure on it. As for such as plainly condem-
ned second, third, or fourth marriages, as fornication or
adultery, I see not how they can be justified, or reconciled
to the practice of the Catholic Church : and therefore I
leave them to stand or fall by themselves, and go on Avith
the more uncontested discipline of the Church against some
other practices of uncleanncss.
Sect. 8. — Of Ravishment.
Among which they set a peculiar mark upon ravishment,
that is, using force and violence to virgins and matrons to
compel them to commit uncleanncss. Constantino, in one
of his lavvs,^ condemns all sorts of raptors to the flames, as
well those, that ravished virgins against their wills, as those,
that stole them with their own consent against the will of
their parents. And though Constantius a little moderated
the punishment, yet he still made it a capital crime, to be
punished with death :^ and in case a slave was concerned
in it, he was left to the severity of the former law, to be burn-
ed alive. Jovian also made it a capital crime,^ for any one
not only to commit a rape upon a consecrated virgin, but to
solicit her to marry either willingly or unwillingly against
the rules of her profession. The law^s of the Church could
> Cod. Th. lib. ix. tit. 24. de Raptu Virginum. leg. 1. ^ Ibid,
leg. ii. ^ Cod. Theod. lib. ix. tit. 25. de Raptu vol Matrimonio
Sanctimonialium. Leg. 2. Si quis, nou dicam rapere, sed vcl adtemptare
matrimonii jungondi causfi sacratas Virgines, vel invitas.ausus fuerit, capi-
tal! sententia ferictur. ^c« 0/50 Justin. Novel. U. Ne sint lenoncs.
380 THli ANTIQI'ITIKS OF THE [BOOK XVI.
inflict no such punisliinont, but, when tliere was occasion,
they dre\v the spiritual sword against them. " If any one
offers violence to a virgin not espoused to him, let liim he
excommunicated," say the Apostolical Canons ;• " neither
shnll he t;ike any other wife, hut her, wliom he has so de-
tained, although she be poor." St. Basil condemns those,'
who are guilty of committing- rapes upon virgins, to four
years penance, as fornicators. Where by a rape he means
the lowest degree of it, that is, stealing a virgin espoused
to another man, and detaining her agaii\st her father's con-
sent. In which he also orders,^ not only the rap; or to be
excommunicated, but also his family, and the place or
village, where he dwelt, if they were accomplices, or aiding
and assisting to him in his usurpation. From whence we
may infer, that if stealing and detaining a virgin with her
own consent was thus punishable ; the defiling of her by
violence was a more heinous crime, and censured with
greater severity in the discipline of the Church.
Sect. 9. — Of unnatural Impurities.
What has liitherto been said, relates to the violation of
the laws of chastity in the ordinary coiuse of nature. Be-
yond which there were some monstrous impurities, consist-
ing in the several species of unnatural unclcanness ; such
as the defilement of men with brutes, commonly called
bestiality; and the defilement of men with men, working-
that which is unseemly, after the manner of Sodom : and
the defilement of men's own bodies with themselves by
voluntary self-pollution. TertuUian calls all these,* impious
furies of lust, which make men change the natural use of
the sex, into that, which is against[nature ; on which the
Church laid an unconunon and singular punishment, ex-
' Canon. Apost. Ixvii. * Basil, can. xxii. 'Basil.
Epist. 244. * Tertul. de Pudicil. cap. iv. Reliquas autcm
libidinum furias impias «'t in corpora, et in scxus ultra jura naturtE, non
modo limine, verum onini ecclesiz tecto subniovcnuis, quia non suntdclicta,
•ed monstra.
CHAP. XI.] CHRISTIAN Oni.RCH. S"?!
cliulin<>- tliem not only from all pafts of the Churoli, l)ut
from tlu! very first entrance of it; because tliey were not
ordinary crimes, but monsters. The council of Ancyra lius
two canons relating- to these crimes, the first of which
orders, that they, who are g"uilty of bestial lusts before they
are twenty years old,' be prostrators fifteen years, and after
that communicate in prayers only for five years ; but if they
exceed that a^e, and be married when they fall into this
sin, they are to be prostrators twenty-five years, and five
years after communicate in prayers only ; if they are above
fifty years old, and be married, they are to do penance all
their lives, and only communicate at the point of death.
The next canon orders,^ that they, who are guilty of bestial
lusts, and are leprous, that is, to infect others by tempting-
and teaching- them to commit the same sin, should pray
" £te T8C x^'i""^^/"''^**^' «w/er hyemantes,''' that is, either
among- the demoniacs, or those, that were exposed to the
weather without the walls of the church. Suicerus thinks
this canon is to be understood of those,^ that were infected
with the corporal disease of leprosy, who by the old law
were removed without the camp; but it is more probable it
means the spiritual leprosy of those, who infected others
with the contagion of the same beastly sins, and taught or
tempted them to commit the same uncleanness. For other-
wise, leprosy under the Gospel, would not deserve the ex-
tremity of punishment, but commiseration and mercy. St.
Basil imposes the penance of adulterers,* that is, twenty
years penance, both upon those, that abuse themselves with
beasts, and those, that abuse themselves with mankind.
And sometimes he lengthens the term to thirty years,^ com-
paring these sins with murder, idolatry, witchcraft and
adultery ; which, he says, all deserve the same punishment.
' Con. Ancyr. can. xvi. ' Ibid. can. xvii. 'Yhq aXoyivtsankvaQ
KfKtTrciiiQ orrae, ijroi XsTrpoKTairae, ththi; ir^ofTu^iv i] ayin avvoHO^ t'lQ thq
Xiiiia^o^ivag ivxtffBai. ^ Suicer. Thesaur. Eccles.Voce AfTrpoc,
torn. ii. p. 2-26. * Basil, ran, 62, et 63, * Ibid. can. vii.
Vid. Oreg. Nyssen. can. iv.
382 THE ANTIQUITIES OF THE [BOOK XVI.
The Council of Eliberis imposes a severer punishment upon
those, that so abuse boys to satisfy their lusts. ^ For such
are denied communion even at tlieir last hour. The laws
of the old Romans had provided no sufficient remedy for
these corruptions. There was an old law, called, the Lex
Scantinia, mentioned by Juvenal'^ and some others: but it
lay dormant for many ag-es, till the Christian Emperors
came to revive it. The frequent complaints, that are made
by the Christian writers of the three first ages, Clemens
Alexandrinus/ Justin Martyr,* Tatian,^ Minucius Felix,^
Tertullian,' Cyprian,^ and Lactantius,^ sufficiently shew,
that these vices were practised with impunity among- the
Heathen. The law made against them was only a pecuni-
ary mulct ;^*' and that was very rarely put in execution
against them. Suetonius says," Domitian in the first and
good part of his reign condemned some few offenders by
this law : but the distemper grew so raging and inveterate
afterwards, that Alexander Severus, a much better prince,
durst not effectually set about the cure of it, as Lampridius^*
testifies in his life. After him Philip the Emperor, who by
some is called a Christian, made a new law to forbid it ;
but the main business devolved at last upon those, that were
more undoubtedly Christians. Among' whom Constantius,^^
by one of his laws extant in both the Codes, made it a
' Con. Eliber. can. Ixxi. Stupratoribus puerorum nee in fine dandani
esse communionem. * Juvenal. Sat. ii. vers. 44. Valor. Ma.xiin.
Hist. lib. vi. cap. 1. ' Clem.Pffidagog. lib.i. c. 3.
* Justin. Apol. ii. p. 50, et 67. * Tatian. Orat.ad Graecos.
p. 165. ad calccm Jiistini. ® Minuc. Octav.p. 68.
' Tertul.de Monogam.cap. xii. lib. i. ad Nation, c. xvi.
^ Cvpr. ad Donat. p. 6. ' Lactant. lib. v. cap. 9.
'<• Vid. Quintilian. Instit. lib. iv. cap. 2. p. 187. Decern millia, quae poena
stupratori constituta est, &c. " Sueton. Vit. Domit. cap. viii.
Quosdam ex utroque ordinelegc Scantinia condemHavlt. '* Lamprid.
Vit. Alex. Scveri. p. 350. Habuit in animo ut exolctos vetaret, quod postea
Philippus fecit; sed Veritas est, ne prohibens publicum dedecus in privatas
cupidates converteret ; cum homines illicita magis poscant, prohibitaque
furore persequantur. •' Cod. Theod. lib. ix. tit. vii. ad Legem
Juliam de Adulteris. Leg.iii.-Cum vir nubit in feniinam ubi venus mu-
tatur in alteram formam ^jubemus insurgere leges, armari jura gladio
uUore, ut exquisitis poenis subdantur infames.
CHAP. Xi.] CHRISTIAN CHURCH. 383
oapitnl crime, and ordered it to be punished with death by
the sword. Thoodosiiis added to the penalty by a severer
sanction,* ordering, tliat such, as were found g"uilty of this
unnatural vice, sliould be burnt alive in the presence of all
the people. Thus the civil and ecclesiastical laws combined
tog-ether to exterminate all sorts of uncleanness; deterring"
men from such acts of impurity, as were a scandal to the
Christian profession, by such penalties, temporal and spiri-
tual, as were thought most proper to be inHicted in order to
restrain them.
Sect. 10. — Of maintaining and allowing Harlots.
Neither was it only the direct and immediate acts of un-
cleanness they thus censured and punished, but all other
acts, that opened, and prepared the way to them. Of which
kind, the maintaining- or encouraging of harlots, publicly or
privately, was reckoned a most infamous practice. Great
complaints have been made by writers,^ of divers kind, of the
licentiousness of many modern popes in g-ranting tolerations
at Rome to such lewd and wicked practices, and receiving-
annual pensions for the toleration of them. But the ancient
laws, both civil and ecclesiastical, were far from such
abuses. Heathen Rome, in this respect, was more chaste
and modest than the modern papacy. For even there, we
find a law,^ recorded out of Papinian in the Pandects, that
whoever wittingly let his house be the place to commit for-
nication or adultery with another man's wife, or any defile-
ment with mankind, or made any g-ain of the adultery of his
' Cod. Theod. Leg. vi. Hujusmodi scelus expectante populo flanimis vin-
dicibus expiabunt. * Vid. Zepper. Legum Mosaicarum Expla-
nat. lib. iv. cap. 18. p. 457.
Agrippa de Vanit. Scientiar. cap. 64.
Morna:i Mystcr. Iniquit. p. 1310.
Wcsselus Gionigens. de Indulgentiis Papalibus, ap, Mornae, ibid.
'Pandect, lib. xlvlii. tit. 5, ad Legem Juliam de Adulteris. leg, 8. Quidomum
suam, ut stuprum adulteiiumve cum alicnS, matre familias, vel niasculo fieret,
sciens prfebuerit, velquaestum ex adulterio uxoris suae fecerit, cujuscunque
sit conditionis, quasi adulter punitur.
3S4 THK ANTIQUITIES OK THE [BOOK XVf.
o\vi\ wife, should be punished as an adulterer, of whatever
condition he was. And it is remarkable in the laws of Con-
stantine,' that a man was allowed to put away his wife, not
only if she was an adultress herself,but if she was a eoncilia-
trix, a pander or procurer of adultery in others. By the
laws of Thoodosius Junior,^ if any parent or master prosti-
tuted his daughter or his maid slave, they were to forfeit all
right of dominion over them : the parties so compelled,
might appeal to the bishop of the place, or the judge, or the
defensor, and require tlieir assistance or protection ; and if
after that, their superiors, master, or father, would go on as
panders still to compel them, their goods were to be confis-
cated, and their persons banished and sent to the mines.
Socrates^ commends Theodosius the Great for another good
law, whereby he demolished the infamous houses, common-
ly called Sistra, at Rome. F'or till his time a very evil
custom prevailed there, that when any woman was taken in
adultery, she was condemned by way of punishment to be a
common prostitute in the public stews: which kind of pu-
nishment, as Socrates truly remarks, did no ways contribute
towards her amendment, but only compelled her to add sin
to sin. Therefore, Theodosius in his zeal for the piety and
purity of the Christian religion, abolished this impudent and
scandalous punishment; providing other penalties for adul-
tery, and destroying these infamous houses out of Rome.
Theodosius Junior did the same g-ood service at Constant!-
nople, by a new law, ordering all panders,* who kept infa-
mous houses, to be publicly whipped and expelled the city,
and that all their slaves, whom they kept for such vile pur-
poses, should be set at liberty. And whereas hitherto these
' Cod.Thcod. lib. iii. tit. IG. de Repudiis. leg. 1. In niasculis etiam, si
repudium mitlant, ha;c tria criinina inquiri conveniet, si incecham, vel medica-
incntariuni, vel coiiciliatricem repudiarc voluerit.
» Cod. Justin, lib. xi. tit. 40. de Spectaeulis et Scenicis et Lenonibus.
leg. 6. Lenones patres et dominos, qui suis filiabus vel ancillis peccandi
iiecessilatem iinponunt, nee jure frui doininii, nee tanfi eriminis patiniur li-
bertateg'audere. &c. Vid. Cod. Tlieod. tit. S. de Lenonibus. leg. 2.
' Socrat. lib. v. cap. 18. * Theodos. Novel. 18.de Lenoni-
bus. ad calceni. Cod. Theod.
CHAP. XI. ] CHRISTIAN CHURCH. 385
wretches liatl kept uj) their trade in spite of former hiws,
under pretence of paying- a certain annual tax to the g-overn-
ment out of their infamous g-ain ; Theodosius alirooated this
tax; and in lieu of it, one Florentius, a nobleman, hy whose
pious advice the Emperor did this, g-ave an equivaUmt out
of his own estate to the exchequer, that there might be no
deficiency or damag-e accruing- to the public revenue, which
mig-ht afterwards be used as a plea to g-rant these miscreants
a new toleration. Thus these pious emperors laboured to
extirpate this abominable vice out of their two g-reat capi-
tals. And when some remainders of it continued, notwith-
standing all their endeavours, Justinian resumed the matter,
reviving- and confirming- all the preceding- laws by a new-
edict of his own,' and aug-mentlng- the punishments speci-
fied in them, to root out this abominable way of making-
provision for lewdness, throughout his whole empire. As to
the ecclesiastical laws, there is no crime they punished more
severely than this. As may be easily collected from the
canons of the Council of Eliberis ; one of which orders,^
" That if a father or a mother or any Christian exercise the
" trade of a pander, forasmuch as they set to sale the body
" of another, or rather their own, they shall not be received
" to communion, no not at their last hour." And another^
decrees, " That if a woman commit adultery by the consent
" of her husband, they shall be rejected even to the last."
The reason of this is grounded upon what TertuUian ob-
serves of the law prohibiting fornication,* that it equally for-
bids any one to be aiding or assisting or conscious to ano-
ther in the practice of it. " For what I may not do myself,
" I may not be instrumental to have it done by others. And
' Justin.Novel.il. * Con. Eliber. can.xii. Mater
vel parens vel quaelibetFidelis, si lenocinium exercucrit ; eo quod alienum
vendiderit corpus, vel potius suum, placuit eas nee in fine acciperc comniu-
nionem. ^ Ibid. can. 70. Si conscio marito fuerit raa--
chata uxor, placuit nee in fine dandem ei esse connnunioncm.
* Tertul.de Idohdat. cap. xi. Nam quod niihi de stupro inlerdictum sit, aliis
ad earn rem niliil aut operse aut conscientias exhibco. Nam quod ipsam cariieni
meam a lupanaribus searregavi, agnosco me neque lenocinium neque id ge-
nus lucrum alterius causa exercere posse.
VOL. VI. 2 C
38G THE ANTIQUITIES OF THE [BOOK XVI,
" therefore by the same reason, that I keep my own body
" from the common stews, I own myself obliged, neither to
" promote that infamous trade, nor raise any gain by or for
" others by such vile practices." Albaspiny rig-htly observes
from the forementioned canons, that this crime was esteemed
greater than fornication and adultery itself: because adulte-
rers were received to the peace of the Church after a
certain term of penance, but this crime was denied commu-
nion to the very last.
Sect. 11. — Of writing and reading lascivious Boolis.
Another Avay of promoting uncleanness was the writing
or reading lascivious or obscene books and plays, than w hich
there is no greater incentive or provocation to impurity.
And therefore as the Ancients burned and abolished all sorts
of heretical books, that they might not corrupt the faith ; so
they equally forbad the writing or reading all other pernici-
ous books, which tended to debauch the morals of Christi-
ans, and severely censured the authors of them, if any such
were composed by Christian writers. Socrates says,* Helio-
dorus, a Thessalian bishop, when he was a young man, wrote
a lascivious romance, called his Ethiopics ; which, others^
tell us, occasioned a censure to be passed upon him, when
he was bishop, and he was deprived of his bishopric be-
cause he would not recant it. For the same reason they
utterly discourag-ed the reading of such heathen books, as
were stuffed with impurities ; and some canons were made
to prohibit the clergy especially from conversing with such
writers, of which I have given a more ample account in a
former look.^
Sect. 12.— Frequenting of the Tlieatre and Stage-plays forbidden upon
this Account.
They are equally severe in their invectives against all fre-
quenters of the theatre and public stage-plays upon the
same account : because these were the great nurseries of
' Socrat, lib. v. cap. 22. » Nicephor. Hist. lib. xii. cap. 34-.
' Book vi. ciiap.iii. sect. 4.
CHAP. M.] CHRISTIAN ClIUIlCll. 387
lrn[)inity, wlioro incest ornl adultery were roprosenled with
abominable obscenity, and in a manner acted over a«>ain, to
corrupt the spectators by their contii^-ion and example.
Here, as Cyprian says,' " adultery was learned by sceirij>- it
acted ; provocations to vice were so much the stronger,
because they wore recommended by the authority of great
examples; the matron, which perhaps came ciiaste to the
theatre, returned back with a contrary disposition. The
very g-estures of the actors were enough to corrupt men's
morals, being" fomenters of vice, and purveyors cf nutriment
for corrupt distempers. Venus they represented in all her
lewd behaviour ; Mars, as an adulterer ; and their Jupiter, no
less a prince in his vices, than in his kingdom, burning- with
his thunderbolts in earthly amours, sometimes shining- in the
plumes of a swan, sometimes descending- in a g'olden
shower, and sometimes sending- out his eag-les to fetch him
a beautiful Ganymede. Consider now whether a spectator
can be innocent and chaste in viewing- such siglits as these.
Men imitate the gods, which they worship, and by this means
become more wretched, because their very vices are conse-
crated into religion." He speaks this against the heathen
spectators, but the main of his arg-uments will equally hold
against the Christian. " For the theatres by reason of their
impurities were places of unavoidable temptation ; the
devil's own ground, his own property and possession ;" as
Tertullian says,^ the devil once called them, when being
asked by a Christian exorcist, in the case of a woman, who
was seized by him at the theatre, how lie durst presume to
possess a Christian, he answered confidently, I had a rio-ht
to do it, for I found her upon my own ground. Tertullian^
says further, " that the theatre is properly the temple of
Venus upon a double account, both because it was the
school of lasciviousness, and because when Pompey built his
famous theatre, he was forced to set the temple of Venus
upon it, for fear the Roman Censors should demolish it, as
they had done some others, in their concern for the morals
' Cypr. ;id Donat. p. G. s Tertul. de Spectac. cap. xxvi. » Ibid,
cap. X.
2 c 2
388 THE ANTIQUITIES OF THE [BOOK XVI.
of the people, which they were sensible were corrupted by
the poison and infection of the theatres, whicli were no-
thing- else (in the opinion of the more grave and sober
Romans) but the citadel and fortress of all impure and las-
civious practices." For this reason, therefore, as well as be-
cause they were accompanied with idolatrous rites, Tertul-
lian and all the Ancients declaim against them, and forbid
Christians to frequent them, under pain of being deemed
guilty of all the impurities of the place, and partakers of all
the lewdness committed in them. As this was one part of
their baptismal renunciation, where the impurities of the
stage were virtually renounced in renouncing the pomps of
Satan :' so it was necessary for a Christian to abstain from
them as a spectator, for fear of losing- his title to Christian
communion, and being accounted a renegado to his first pro-
fession. It is certain it was so in the time of TertuUian, and
when the Author of the Constitutions drew up his collec-
tions.^ But in after ages, because the civil law allowed the
interludes of the theatre for the diversion of the people,
when they were purged from idolatry, but not from lewd-
ness ; the Fathers contented themselves to declaim against
them with sharp invectives, and correct that reigning hu-
mour by serious admonitions, which the iniquity of the
times would not suffer them to do by the more exact and pri-
mitive discipline of the Church. Any one, that will consult
St. Chrysostom's,^ or Cyril's Catechisms,* or Salvian,* may
find this observation true, that though the canons did not
now make it peremptory excommunication for a man to fre-
quent the theatre, yet the Fathers inveighed as sharply as
ever against it, for the impurity and corruption of morals,
that were the natural consequences of it. There was an-
ciently a famous sight or play, called MaiU7na, a considera-
ble part of which diversion was, to see infamous strumpets
swim naked in the water. Whence learned men observe, it
' See Book xi. chap. \ii. sect. 2. * Vid. Constit. lib. viii.
cap. 32. » Clirys. Horn. vi. in Mat. Iloni. Ixxiii. de S. Bar-
laaiii. torn. i. p. 893. Horn. ,kv. ad Pop. Antiocli. ibid. p. 190.
* Cyril. Cat. Mj st. i. n. -l-. ^ Salvian. du Provid. lib. vi .
p. 197.
CHAP. XI.] CIJRISTIAN CHURCH. 389
hnd its name : for Maiiuna, in the Syiiac tongue, sij^nifies
fVater. Gotliofied observes,* and Pagi after hitn,^ that the
people were so eagerly bent and inclined to this oV>scene di-
version, that thoiit'li there were cood reasons for abolishin«r
it, yet the imperial laws, from Constnntine to Arcadius, varied
eight times about it; sometimes allowing, and sometimes
restraining- it ; till at last Arcadius, who had at first permitted
it, revoked his licence, and finally abolished it; allowing-
other sports for the diversion of the people, but denying them
tfiis, as a base and unseemly spectacle.^ And under tliat
character, St. Chrysostom* and others, with their utmost
force and vehemence, declaim ag-ainst it.
Sect. 13. — As also all Excess of Riot and Intemperance forthe same Reason.
For the same reason they made sharp invectives against
luxury, and riot, and intemperance, not only as they
were crimes in themselves, but as they were the avenues
and inlets to the greater sins of uncleanness. And there-
fore, though they did not punish every single act of drun-
kenness and excess with excommunication, yet they thought
it proper to bring habits and customs of such sins under
public discipline and censure. It is an observation of Ter-
tullian,^and a very true one, " That drunkenness and lust are
two devils, combining and conspiring together. Bacchus
and Venus are nearly allied, and too well agreed." " Drun-
kenness," says one of the ancient canons,'^ " is the fomenter
and nurse of all vices." And therefore it was ordered, that
if any clergyman, of the lowest degree, was found guilty of
■ Gothofr. com. in Cod. Theod. lib. xv. tit. 6. de Maiuma.leg. ii.
' Pagi. Critic, in Baron, vol. ii. an. 399. n. 6. ^ Cod. Th.
lib. XV. tit. 6. de Maiuraa. leg. ii. Maiumam faedum atque indecorum specta-
culum denegamus. * Chrys. Horn. vii. in Mat. p. 71.
* Tertul. de Spectac. cap. x. Veneri et libero convenit. Duo ista dsemonia
conspirata et con.jurata inter se sunt, ebrietatis et libidinis.
* Con. Veuetie. can. xiii. Ebrietas omnium vitiorum fomes ac nutrix est. —
Itaque clericum quern ebrium esse constiterit, aut triginta dierum spatio k
communione statuimus submovenduni, aut corporal! subdendum esse suppli-
*Jo. Vid, Con. Agathen. can. xli. iisdem verbis.
390 THE ANTIQUITIES OF THE [bOOK XVI.
any sing-le act of it, he should cither be suspended from
communion for thirty days, or be subject to corporal punish-
ment for his offence. This wo find decreed in the Coun-
cils of Agde and Vannes, as a standing" rule in the French
Church. And there g"oes a decree, under the name of Pope
Eutychian,^ which makes the habit of drunkenness matter
of excommunication to a layman also, till he break off" the
custom, by reformation and amendment. But it must be
owned, this vice was sometimes so g^eneral and epidemical,
that the numbers of transgressors made the exactness of
discipline impracticable. St. Austin complains and laments,^
that it Avas so in Afric in his time. Thoug-h the Apostle had
condemned three great and detestable vices in one place,
viz. rioting and drunkenness, chambering and wantonness,
strife and envying : yet matters were come to that pass with
men, that two of the three, drunkenness and strife, were
thought tolerable things, whilst wantonness only was es-
teemed worthy of excommunication ; and there was some
danger, that in a little time the other two might be reputed
no vices at all. For riotinir and drunkenness was esteemed
so harmless and allowable a thing, that men not only prac-
tised it in their own houses every day, but in the memorials
of the holy Martyrs on solemn festivals, and that in pretended
honour to the Mariyrs also; which was a thing, that every
one must needs lament, who did not look with carnal eyes
upon it. It is plain, St. Austin thought an habitual course
of rioting and drunkenness a crime deserving excommuni-
cation, as well as fornication and adultery; but yet in regard
to the great numbers, that were given to this sin, his advice
to Aurelius the metropolitan of Afric is,^ " that it should
be cured not with asperity and roughness, nor in the impe-
rious way, but by teaching, rather than commanding, and by
• Eutychian. Decrct. ap. Crab. T. 1. p. 180. Qui ebrietatem vitarc
noluerit, excommunicanduni esse decreviinus usque ad congruara emendatio-
neni. Vid. Can.Apostol. 42, and 43. * Aug. Ep. 64. ad. Aurelium.
' Ang. ibid. Non ergo aspeie, quantum existimo, non duritcr, non modo im-
perioso ista tolluntur, niagis docendo quam jubendo, magis monendo quatn
minando. Sic enim agendum est cum Mullitudiae ; scveritas autcm exer-
c«nda est in pcccala paucovum.
CHAP. XI.] CHRISTIAN CHURCH. 391
admonition, rather titan cornmination. For so \vc must deal
with a multitude ; but the severity of discipHnc is only to be
exercised upon sins, when the number of sinners is not very
great." So that we may conclude, that rioting and drunken-
ness was one of those great crimes, for which men were put
to do public penance in the Church, except when the mul-
titude and combination of sinners made it not feasible, and
obliged the Church to take other measures to correct it.
Sect. 14. — And promiscuous Bathing of Men and Women together.
It must also be noted upon this head, that as a preserva-
tive of modesty and chastity, both the canon and civil law
prohibited men and women to go promiscuously into the same
baths together. " Let not a woman go to wash in the same
bath with men," says the Author of the Constitutions.^
And the Council of Laodicea,^ "neither clergyman, nor asce-
tic, nor layman, shall wash in the same bath with women :
for this is extremely scandalous, and culpable even among
the Gentiles." The Council of Trullo repeats this canon
word for word,^ and then adds in the close, " If any clergy-
man be found guilty of this practice, he shall be deposed ;
if a layman, let him be excommunicated." The observa-
tion made in these canons, " that this was a scandalous
crime even among the Heathens," is confirmed out of the
old Roman laws and writers. Varro says,* the ancient
baths were divided into two distinct buildings or apartments,
one for the men, and the other for the women to wash in.
And the same account is given by Vitruvius,^ and Charisius,
and other writers. And when the degeneracy of the follow-
ing ages began to confound this distinction, Spartian says,^
Adrian made a law against promiscuous bathing. And
' Constit, lib. i. cap. 9. 'Av^poyvvov TCLTr/yvvr] fii) XiiiaQm. ' Con.
Laodie. can. xxx. ^ Con. Trull, can. Ixxvii. * Varro de LinguS
Latin, lib. 8. p. 115. Publice bina conjuncta aedificia lavandi cansa ; unum
ubi viri, alterum ubi mulieres lavarentur. * Vitruvius de Archi-
tect, lib. V. cap. 20. Charisius Granimat. lib. i. ap. Savaro. Not. in Sido-
nium. lib. ii. Ep. 2. Et Dempster Paralipomena ad Rosini Antiq. Rom. lib.
i. c. 14. * Spartian. Vit. Adrian, p. 25. Lavacra i)ro scxibus
separavit.
392 THE ANTIQUITIES OF THE [bOOK XVI.
Julius Capitolinus* saystlie same of Antoninus Philosoplius,
Nay, tlie old Romans were so careful to preserve modesty in
this matter, that TuUy says,^ "They did not allow a son to
bath with his fatlier, nor a son-in-law with his father-in-law:
nature itself teachinj^ men, that there was a decency to be
observed in making- such distinctions." And the same thing-
is related by Valerius Maximus,^ and much commended by
St. Ambrose.* Now the case standing- thus even among the
Heathens, it would have been extremely scandalous for the
Christians to have permitted promiscuous bathing ; and
therefore they prohibited it by their ecclesiastical laws un-
der the severe penalty of excommunication. And the impe-
rial laws of Justinian carried the matter a little further.*
For among other lawful causes of divorce, authorizing a
man to put away his wife, he allows this to be one, if a
woman be so intemperate and luxurious as to go into a com-
mon bath with men. Private writers declaim much against
it. Epiphanius condemns it in the Jews;*^ and Cyprian, not
only censures this,^ but many other acts of immodesty in
virgins, as painting, and over-nice dressing, and appearing
unveiled, against which also Tertullian has a whole dis-
course,^ with some other indications of a loose and unguar-
ded mind, which need not here be particularly mentioned or
further pursued. I purposely also pass over the scandalous
practice of some, who entertained their Agapetce, or love-
sisters, as they called them, with professions of the strictest
innocence and virtue ; because I have formerly had occa-
sion to shew, with what severity the ancient rules con-
demned this as a most suspicious and intolerable practice,®
' Capitol. Vit. Antonin. p. 00. T>avacra mixta submovit. ' Cicer. de
Offic. lib. i. n. 129. Nostio quidcm more cum parcntibus puberes filii, cum
soceris generi non luvantur. Retinenda est igitur hujus ofeiieris Terecundia,
prffisertim naturfl ipsTi magistrfi et duce. * Valcr. Max. lib. ii.
cap. i. n. 7. ■• Ambios. do Offic, lib. i. cap. 18. * Cod. Jus-
tin, lib. V. tit. 17. de Repudiis. Leg. 11. Inter culpas viri et uxoris consti-
tutionibus mumeratas, et has adjicimus, si forte uxor ita luxuriosa est, ut
commune lavacrum cum viris libidinis causfi habere audeat. V'id Novel. '22.
c. xvi. « Epiph. HiPr. 30. llebionit. n. 7. » t'ypr. de Habitu
Virpinum. p. 100, (ftc. •- Teitul. dc Vtiand. Virgin. ' Book
vi. cliuj). ii. -iL'cl. 13.
CHAP. XI.] CHRISTIAN CHURCH. 393
and perfectly ag-ainst the laws of the Gospel, which ohligc
men not only to regard the preservation of their innocence,
but their good-name; "to mind things that are honest,"
that is, becoming and honourable, " and of good report ;"
*' to provide for honest things not only in the sight of God,
but also in the sight of men ;" and " to abstain from all
appearance of evil." In regard to w hich precepts, the an-
cient rules not only censured open fornication and adultery,
but all such indecent actions, as had any tendency towards
them, or were justly liable to suspicion, and gave occasion
to the adversary to speak reproachfully of that holy religion,
the honour of which Christians were obliged to maintain in
all purity, as well in word, as outward conversation ; avoid-
ing this, that no one should blame them, and managing
their whole deportment with innocence and prudence, to
answer those great precepts of the Gospel," Give no offence,
neither to the Jew, nor to the Gentile, nor to the Church of
God: and, "so let your light shine before men, that they
may see your good works, and glorify your Father, which is
in Heaven."
Sect. 15. — And promiscuous and lascivious Dancing, wanton Song8, Ac.
For the same reason they prohibited all promiscuous and
lascivious dancing of men and women together. The
Council of Laodicea forbids it under the name of BaXXi^ttv,^
which some interpret playing on cymbals or other musical
instruments, but more commonly it is understood by learned^
men as a prohibition of wanton dancing at marriage feasts,
against which there are several other canons of the ancient
Councils, and severe invectives of the Fathers. The third
Council of Toledo forbids it under the name ofBallimathice,^
which they interpret wanton dances, joining them with las-
civious songs, the use of which they complain of as an*
' Con. Laodic. can. liii. * Suicer. Thesaur. Eccles. Voce BaXXi^ttr.
Rivet, in Decalog. p. 338' Stuckius. Antiquit. Convival. lib. iii. cap. 21.
8 Con. Tolet. iii. in Edicto Regis Reccaredi. Quod baUiraathia; et turpia
cantica prohibenda sunt a sanctorum solenniis. * Ibid. can. 23. Irre-
ii^iosa cousueludo est, (luam vulgusper sanclorumsolcnnilatesagercconsue-
394 THE ANTIQUITIES OF THE [BOOK XVI.
irrelig-ious custom prevailing* in Spain, among" the common
people on the solemn festivals ; which they order to be cor-
rected both by the ecclesiastical and secular judg-es. The
Council of Ag"de forbids the clergy to be present at such
marriages,' where obscene love-song-s were sung-, or obscene
motions of the body were used in dancing. And by another
canon,^ "if they use any scurrility or filthy jesting them-
selves, they are to be removed from their office." The like
canons occur in the Council of Lerida^ and some others, for-
bidding to sing or dance at marriages, but feast with mo-
desty and gravity, as becomes Christians. St. Ambrose ex-
cellently describes the immodesty of this sort of dancing
used by drunken women :* " They lead up dances," says
he, " in the streets unbecoming men in the sight of intem-
perate youths, tossing their hair, dragging their garments
flying open, with their arms uncovered, clapping their hands,
dancing with their feet, loud and clamorous in their voices,
irritating and provoking youthful lusts by their theatrical
motions, their petulant eyes, and unseemly antics and
fooleries. Meanwhile a crowd of youth stands gazing upon
them, and so it is a miserable spectacle indeed."
St. Chrysostom has abundance to the same purpose,^ par-
ticularly in one of his Homilies he declaims against it,^ as
one of those pomps of Satan, which men renounced in their
baptism. He says, " the devil is present at such a time,
vit. Populi qui debent officia divina attenderc, saltationibus turpibus invi-
gilaiit; cautica non solum mala cancntes, sed et nligiosorum ofliciis per-
strepentes. Hoc ctenim ut ab omni ilispaniil depellatur saceidotuni ct
judicum a concilio sancto curie coininittitur. ' Con. Agathen. can.
39. Nee his caetibus tnisceantur, ubi amatoria cantantur et turpia, aut
obscaeni motus corporis chords et saltationibus eftVruntur, &c.
' Ibid. can. 70. Clericum scurrilcm et verbis turpibus joculatorpm ab ofTi-
cio retrahenduin. * Con. Ilerdcns. ap. Crab. tom. i. p. 1031. Quod
non oporteat Christianos euntes ad nuptias plaudere vtl saltare.&c.
* Ambros. de Elia et Jejuniis. cap. xviii. Illse in plateis invcrecundos viris
sub conspectu adolescentulorum intcniperantium choros ducunt, jactantes
coniam, trahentes tunicas, scissa; aniictus, nuda; lacertos, plaudentesmanibus,
saltantes pcdibus, personantes vocibus, &c. * Chrys. Honi. 48. in
Gen. p. G80. Honi.56. in Gen. p. 740. Horn. 49. in Mat. p. 436. Horn. 12. in
Colos. p. \U)3, &c. Horn. IS. de. Scorlat. tom. v. p. 272.
* Chrys. Horn. 47. in Julian. Mart. torn. i. p.613. Hem. 21. de. Noviluniis.
tom, i. |>. 296.
CHAP. XI.] CHRISTIAN CHURCH. 395
being- called thither by the song-s of harlots, and obscene
words, and diabolical pomps used upon such occasions."
And In another Honiily, speaking oi'the dancing of Herodias's
daughter, ho says, " Christians now do not deliver up half
a kingdom, nor another man's head, but their own souls to
inevitable destruction. By which it appears, that these danc-
ings were causes of great corruption, being mixed with
ribaldry and lascivious songs and wanton gestures, which
are incentives to impurity, and wholly unhinge the frame of
the Clnistian temper: for which reason the Ancients are so
frequent and copious and severe in their invectives against
them."
Sect. 16. — Also promiscuous Clothing.
Some canons also severely condemn the promiscuous use
of habits, or men and women interchanging their apparel,
peculiarly appropriated to their different sex. Eustathius
taught his she-disciples to wear the habit of men, under
pretence of religion ; and cut off their hair upon the like
superstitious reason. But the Council of Gangra condemned
both these practices, as great irregularities, confounding-
the order of nature, and laid the heavy censure o^ anathema
upon them. " If any woman," says one canon/ " under
pretence of leading an ascetic life, change her apparel,
and instead of the accustomed habit of women take that of
men, let her be anathema.'''' And another,' " if any
woman upon the account of an ascetic life cut off her
hair, which God has given her as a memorial of subjection,
let her be anathema, as one that annuls the decree of sub-
jection."" The foundation of this canon was the order given
by St, Paul, 1 Cor. xi. " That a woman should not be
shorn or shaven." And the foundation of the former canon
was the rule given by God to the Jews, Deut. xxii. 5. " The
woman shall not wear that, which appertaineth to a man,
neither shall a man put on a woman's garment: for all, that
do so, are abomination to the Lord thy God." Which the
• Con. Gangren. can. xiii. ' Ibid. can. ivli.
396 THE ANTIQUITIES OF THE [bOOK XVI.
ancient writers, Cyprian,' TertuUian,^ and many others^ un-
derstand simply and universally of men and women inter-
chang-ing- habits, as was usually done in stage plays, which
they condemned for this reason as for many others. Some
modern interpreters,* after Lyra* and Maimonides,*' think
there was a further desig-n in this precept, to prohibit the
idolatry of the ancient Zabii, in whose magical books it
was commanded, that men should put on the women's
painted garments, when they stood to worship before the star
of Venus ; and that women should put on the men's warlike
habit and instruments, when they appeared before the star
of Mars. But as the ancient Christian writers were not ac-
quainted with this interpretation, we have reason to believe
they took the rule in the common and vulgar sense, as an
universal prohibition of men and women interchanging- habits
in all cases whatsoever: it being a thing against the light
of nature and the laws of reason, as Diogenes Laertius'
words it in the life of Plato, for any one to walk naked in
public, or for a man to wear the woman's clothing. And
for this reason the Ancients prohibited it, as an indecent
and shameful thing, and as ministering occasion to unclean-
ness, even when it was used under pretence of greater
strictness in relicfion.
Sect. 17.— And suspected Vigils, or Pernoctations of Women in Churches,
under Pretence of Devotion.
And for the same reason the ancient Council of Eliberis
forbad women to keep private vigils, or night-watches in
the dormitories, or churches; because often under pretence
of prayer and colour of devotion, secret wickedness had
been committed by them.* This seems to be the most
' Cypr. Ep. Ixii. al. ii. ad Eucratium. * Tertul. de
Spectac. cap. xxiii. * Vid. Prin. Histriomastix.
* Spencer, de Legib. Hebr. lib. ii. cap. 17. n. I. * Lyra
in Deut. xxii. ^ Maimon. More Nevoch, part iii. cap. 37.
^ Diogen. Laerl. lib. iii. ViU Platon. p. 13 1 . * Con. Eliber.
can. XXXV. Placuit prohiberi, ne fccminac in cccmeterlo perfigilent ; co
quod ssepe sub obtentu orationis lalcnter scclcracoinmittant.
CHAP. Xll.] CHRISTIAN CHURCH. 397
rational account, that can be given of the meaning- and
reason of this canon, that it was intended to cut off the oc-
casion of lewdness and uncleanness, however artfully dis-
guised under the mask of greater strictness in religion ;
there being nothing, that could reflect more dishonour on
the Christian name, than the allowing such opportunities of
sin under the feigned pretence of piety and devotion in their
Churches.
CHAP. XII.
Of great Transgressions of the Eighth Commandment,
Theft, Oppression, Usury, Perverting of Justice, Fraud
and Deceit in Trust and Traffic, ^c.
Sect. 1. — Of those, who taught the Doctrine of Renunciation, or having all
Things common.
The design of the eighth commandment is to secure men
in the quiet possession of their own rights and properties,
or whatever they have a just title to by the laws of God and
the community where they dwell. And therefore as many
ways as these rights may be invaded or impaired, so many
ways there are of committing- robbery and transgressing"
this command. There were in the ancient Church some
heretics, who, under pretence of greater heights in religion,
would allow no men to possess any thing as their own right
and property in this world ; but oblig-edall men to renounce
their title to every thing, and to have all things in common ;
pronouncing a peremptory sentence against all rich men,
that unless they gave up their possessions, and forsook all,
that they enjoyed, they could not enter into the kingdom of
heaven. These men called themselves Apotaciici, from re-
nouncing the world ; and Apostolici, from their pretended imi-
tation of the Apostles ; and Encratiice, from their ostentation
of temperance and abstinence above other men. St. Austin*
' Aug. de Heer. cap. xl. Apostolici, qui se islo nomine arrogantissiwe
398 THE ANTIQUFTIES OF THE [BOOK XVI.
says, they would receive none into their communion,
that Hved in the conjug-al state, or that possessed any thing-
as their property in this world; they separated from the
Church upon this account, and would allow no man to have
any hope of salvation, that did not practice as they did ;
and therefore the Church condemned thorn as heretics for
laying- such a doctrinal necessity upon these things, which
were left to every man's liberty in practice. The Eustathians
maintained the same doctrine, but the Council of Gancra*
condemned it as heretical, and anathematised the authors and
defenders of it. So that this was a g-eneral sort of invasion
of the rights and properties of mankind, robbing them of
every thing in an unusual and extraordinary way, not by any
open violence or secret stealth, but by turning religion into
an art, and inducing men to rob themselves of every thing
under pretence of piety and greater heights of devotion.
The factors and ao-ents in this cause seem not to liave had
any design to enrich themselves, but to make all men poor,
and bring them to a level, and lay all things common:
which was such a scandalous representation of the Christian
religion in the eyes of the Heathen, that the Fathers
thought they could not be too severe upon it, however it
was coloured over with the varnish and disguise of holiness,
pretending a great contempt of the world, and a divine
and heavenly temper. As therefore they condemned the
doctrine for heretical, so they never failed to pursue the
abettors of it with the utmost severity of ecclesiastical cen-
sure. And the imperial laws concurred with them,^ sub-
jecting these Apotactites, or Renouncers, to all the civil
penalties, that were imposed upon heretics in all other cases,
except that of confiscation of goods, which signified nothing
to those, whose very crime consisted in a perverse way of
Tocaverunt, eo quod in suam comraunioiiem non recipcrcnt iitentcs conjugi-
bus, et res proprias possidentes. Sed ideo isti haeretici sunt, quoniam se
ab ccclesitl separantes, nullani spem putant eos habere qui utuntur his
rebus, quibus ipsi carent. Encratitis isti similes sunt, nam et apotactitae
appellantur. Vid. Epiphan. Haer. Ixi. Apostollcor. n. 4.
' Con. Gangron. in Pitcfat. ' Vid. Cod. Theod. lib. xvi.tit. t.
de Ilaeret. leg. 7 et 11.
CHAP. Xll.] CHRISTIAN CHURCH, 399
renunciation of all thing's, which left them notliin<j to
forfeit.
Sect. 2. — Of Plagiary or Man-stealing.
Next to this general sort of robbery, the laws set a par-
ticular mark upon that, whicli is commonly called plag-iary,
or manstealing". The old Roman Law condemned such as
were guilty of it, either in a pecuniary mulct, or sent them
to the mines. But Constantino thought this was not a
sufficient punishment for the crime, and therefore he added
to it, and made it capital,* ordering every such criminal to
be thrown to the wild beasts in the theatre, and if they were
likely to escape with their lives thence, to be put to death
with the sword. The ecclesiastical laws appoint no par-
ticular punishment for this crime: but it being of the same
nature with murder in the law of God, it may be supposed,
that the penance of murderers was inflicted on those, that
were found guilty of it.
Sect. 3. — Of malicious Injustice.
I take no notice here of sacrileg-e, because though tliat
be a species of theft, yet the punishment of that has been
considered under another title.^ The remaining sorts of
injustice may be summed up under these four heads: —
1. Malicious injustice. 2. Simple theft. 3. Open violence
and oppression. 4. Fraud and deceit.
Malicious injustice is domg hurt and prejudice to our
neighbour in his goods out of pure hatred and ill-will,
when we can do ourselves no benefit or kindness by it. As
when men set houses or stacks of corn on fire out of malice
and revenge to their neighbours, or poison or kill their
cattle, or do them any the like injury in their goods, with-
out reaping any advantage from it, but only gratifying a
spiteful and revengeful temper. The old Roman Law
adjudges all such to be guilty of capital crimes, and par-
• Cod. Theod. lib. ix. tit. xviii. ad Legem Fabiam de Plagiariis. leg. i.
Bestiis primo quoque munere objiciatur, &c. * Chap. vi.
sect. 22, Sic.
400 THE ANTIQUITIES OV THE [BOOK XV[.
ticularly those, whom they term incendiaries,' who settowns
on fire, either out of enmity, or to make plunder and prey of
them: which sort of criminals were by way of just retalia-
tion often sentenced to be burnt alive. The Ecclesiastical
Code of the ancient Church has no particular laws ag-ainst
such ;^ but as their crimes were often a complication of
many great sins ; enmity and malice, and theft and murder
commonly concurring* in incendiaries ; so it may be pre-
sumed their punishment and penance was assigned accord-
ing- to the nature and quality of the several ofi'ences, which
made up this compound vice, than which few can be con-
ceived more heinous, because it has in it so much of the
pure malicious and diabolical temper.
Sect. 4.— Of simple Theft.
Simple theft was reckoned among the great crimes^ which
brought men under public penance, and therefore there is
the more reason to conclude it of those complicated crimes.
St. Austin frequently, in distinguishing between great and
small sins,^ puts theft into the first class of heinous crimes,
for which men were to do a more formal penance in the
Church. And among St. Basil's Canons,* there is one, that
particularly specifies the time of penance : " the thief, if
he discover himself, shall do one year's penance ; if he be
discovered by others, two : half the time he shall be a
prostrator, the other half a co-standor." Only St. Austin
intimates,* there were some circumstances, in which they
were forced to bear with this as well as other sins : he
means, when some insuperable difficulties or danger made
• Digest, lib. xlviii. tit. xix. de Poenis. leg. xxix. Incendiarii capite
puniuntur, qui ob inimicitias, vel praedae caus&incenderint intra oppidum, et
plerumque vivi exuruntur. * The first ecclesiastical laws
against incendiaries, I have met with, are the Decrees of Eugenius II.
an. 824. cap. ix. torn. vii. p. 1642. And Pope Gregory's Decretals. Lib. v.
tit. 17. de Raptoribus et Incendiariis. * Aug. Tract, xii. in
Joan. p. 47. Horn, xxvii. ex 1. torn. x. p. 177. Tract, xli. in Joan.
p. 126. * Basil, can. Ixi. * Aug. Ep. liv. ad Macedon.
p. 95. Aliquando etiam, si res magls curanda non impedit, sancti altaris
communione privamus.
CHAP. Xn.] CHRISTIAN CHI'RCH. 401
it either impossible, or una(JvisaV)Ie, to put the discipline ot"
the Church strictly in execution against tliem.
Sect. 6.— Of detaining lost Goods from the true Owner.
Under this head they reckoned such as detained any lost
goods, which they found, from the true proprietor, when
he could lay a just claim to them. St. Austin expressly
condemns this as manifest robbery,' " if thou hast found
any thing", and not restored it, thou art guilty of robbing-
the true owner. He, that denies what he finds of another
man's, would take it from him if he could. In this case
God examines the heart, and not the hands." Origen says
the same,^ " that not to restore what a man finds, is equal
to robbery; however some had the vanity to think there was
no sin in it, and were ready to ask, to whom should I
restore it, seeing God has put it into my hands V The old
Roman laws were much more equitable than the conscience
of such. For they reckon it theft to detain what a man
finds, even when they know not who is the true owner of it.
In which case they direct him to put up a libel of inquiry
after the proprietor,^ and when he is found, to take of him
what they call Evpfrpu, and Mnvvrpa, and 2tJ?pa, a reward
for finding and saving what was lost : though this they rather
account a dishonourable and scandalous demand, if pre-
cisely exacted. St. Austin gives a very remarkable instance
of this sort of generosity in refusing the reward of finding-
lost goods, in one, who was a poor Christian usher to an
heathen schoolmaster at Milan. He found a bag of money
about the value of two hundred shillings, and not knowing
who was the owner, according to law, he put up a libel
' Aug. Horn. xix. de Verbis Apost. torn. x. p. 138. Quod invenisti, et
non reddidisti, rapulsti. Quantum potuisti, fecisti: quia plus non potuisli,
ideo plus non fecisti. Qui alienum negat, si posset, et toUeret. Deus
cor interrogat, nonnianura. ^ Orig. Horn. iv. in Levit. p. 119.
Peccatum hoc esse simile rapina, si quis inventa non reddat, &c.
• Digest, lib. xlvii. tit. ii. de Furtis. leg. xliii. n. 9. ex Ulpiano. Quid
ergo si tCptrpa, quae dicunt, petat? Non hie videtur furlum facere, etsi nou
probd petat aliquid.
VOL. VI. 2 U
402 THE ANTIQUITIES OF THE [BOOK XVI.
publicly to inquire after hiui.^ P'or he was sensible he
ought to return it, though he knew not as yet to whom.
The man, who had lost the money, upon notice given in the
libel, comes to him, and tells the marks, the condition of
the bag, the seal, and the sum, and receives his ow n again.
And with great joy, thankfulness, and gratitude, offers him
the tithe, twenty shillings, as his requital and reward; but
he would not accept it. He offers him ten ; but he would
not accept it. He intreats him, however, at least, to take
five ; but he refused. Upon which, the man in anger cast
down his bag, and said, I have lost nothing : if thou w'ilt
receive nothing of me, I have lost nothing. What a brave
contention, says St, Austin,^ what a prize, what a strife and
noble conflict was this, where the whole world was the
theatre, and God the spectator! at last the man is subdued
by mere importunity, and prevailed upon to accept what
was offered him ; but he immediately gave it all to the
poor, and would not carry one shilling of it home with him
to lay up for his own private use. By this relation we may
judge, how great a crime it was reckoned to conceal or de-
tain w^hat was lost from the right owner, since even the
exacting any reward for finding it was reputed dishonoura-
ble and scandalous, and some ancient canons set a particu-
lar mark of infomy upon it, as a species of filthy lucre.
" Men ought not," says Gregory Thaumaturgus,^ " to
exact a reward for saving or discovering-, or finding any
thing, that was lost, but to live without filthy lucre."
Sect. 6.- Of refusing to pay just Debts.
They put into the same class all such, as refused to pay
their just debts, especially such, as used any base and sinis-
ter arts to excuse themselves from the payment of them.
' Aug. de Verbis Apost. Scrm. xix. p. 13S. Memor legis proposuit
pitacium publice Reddendum enira sciebat, sedcui redderet igiiorabat, &c.
* Ibid. Quale certamen, fratres niei, quale certanien, qualis pugna, qualia
conflictus: theatruin mundus, spectator Deus. * Greg. Thaum.
can. \. ap. Bevereg. Pandect, torn. ii. p. 34. ^Irire fiijvvrpa, n ffwTpa, i»
tvpirpa anaiTavreg, &c.
CHAP. XH.] OHIUSriAN CHURCH. 403
It was usual with many Jews to pretend to become converts
to Christianity, only to shelter tliemselves from their credi-
tors, and the justice of the hivv in many criminal cases also,
by claiming- the privilege of sanctuary in the church- To
correct which abuse, Arcadius made a law,* that no such
practice should be allowed: but that they should be re-
pelled from the church, and not be received till they had
faithfully discharged all their debts, and demonstrated their
innocence in other respects, as a necessary qualification for
their admission. In some cases indeed, when men were
unable to pay their debts, the Church in charity was in-
clined to protect them : but then, in that case, she was also
obliged to pay their debts, as appears frorn several law»
made in that behalf;'^ and from the instance, which St.
Austin^ gives of his own Church paying- the debts of one
Fastius, who fled from his creditors to her protection : and
this case of necessity was very different from that fraudulent
and criminal refusal of paying* debts when men lay under no
such straits and difficulties. As therefore the one was
matter of commiseration, and made men objects of pity
and compassion : so the other made them odious and abo-
minable, as deceitful villains, and rendered them fit objects
of lesral severity, and ecclesiastical censure.
Sect. 7. — And what Men are bound to by the Obligation of Promise
and Contract.
Among- just debts they always reckoned those, which men
contracted by the obligation of promise and mutual en-
gagements to each other: and therefore all breach of faith
in such cases, came under the denomination of theft, and
was accordingly punished as a species of that transgression.
> Cod. Theod. lib. ix. tit. 45. De his qui ad ecclesias confugiunt. leg. ii.
Judtei, qui reatu aliquo, vel debitis fatigati, simulant se Christianae legi
velle conjuiigi, ut ad ecclesias confugientes vitare possint crimina, vel pon-
dera debitorum, arceaniur; nee ante suscipiantur, quam debita universa
reddiderint, vel fueriut innocentia demonstrata purgati.
* Ibid. leg. i. Publicos debitores, si confugiendum ad ecclesias crediderint,
aut ilico extrahi de latebris oportebit, aut pro his ipsos qui eos occultare
probantur episcopos exigi. Vid. leg. iii. ibid. * Aug. Ep. 215.
2 D 2
404 THE ANTIQUITIES OF THE [boOK XVI,
The Council of Eliberis applies this particularly to such
parents as break the espousals or ante-nuptial contracts, to
which they have agreed in behalf of their children:* for
which offence they are obliged to abstain three years from
the communion. This in effect was a robbery committed
both upon persons and things, depriving the man of hi*
w ife, and the woman of her husband, and each of them of
all those rights and benefits, that might have accrued to
them by such matrimonial contracts. For which reason it
was ranked among those more heinous thefts, and perfidi-
ous injuries offered to men's rights, which were thought to
deserve a public censure.
Sect. 8. — Of removing Bounds and Landmarks.
And among these, the removing or defacing ancient
bounds and land-marks, was accounted no small crime.
Even among the old Romans it was punished as a capital
offence. Numa Pompilius divided the Roman fields by
certain marks erected of stone, which they called " Lapides
Sacri,^'' because they were consecrated to Jupiter; and the
covering or transferring' these was reckoned such an offence,
that any one, who was taken in it, might lawfully be slain,*
as a sacrilegious person. The law of God lays a curse
upon it, Deut. xxvii. 17, "Cursed be he that removeth his
neighbour's land-mark." Constantine reckons it among
those criminal actions, which were to be punished in an ex-
traordinary way,^ as Pithaeus and Gothofred have observed
from an old remark made upon the sentences of the famous
lawyer Paulus, which says, " In eum qui per vim terminos
dejecerit, vel amoverit, extra ordinem animadveriitur .-"
upon which the annotator says, that the same thing was de-
termined by Constantine in the Theodosian Code. Which
makes Gothofred conclude, that either that law is wanting
' Con. Eliber. can. liv. Si qui parentes fidem fregerint sponsaliorura, Irien-
nii tempore absiineant se a communione, &c.
* Vide Calvin. Lexicon Jurid. Voce, Fines. * Pithaeus Annot. in
Collat. Legum Mosaicar. ct Roman, tit. xiv. Gothofred. Parafit. rn Cod. Th.
lib. ii. deFinibus Regundis, tit. xxvi.
CMAP. Ml.] CHRISTIAN CHURCH. 40o
now iu tlie Theodosian Code, or else that it refers to Con-
stantino's Hrst law under that title, which says, " Imasor
tile ]j(jen<e teneattir addicfus, — such an invader- shall be
liable to punishment,^' though the particular manner of
punishment be not expressed. However, it was a crime of
that nature, as to require a peremptory punishment without
appeal, as appears from another law of Constantino's in
the same Code.' The ecclesiastical law always condemned
tliis as a cursed crime from the law of God : " Cursed be he
that removcth his neig-hbour's land-mark." And, " Remove
not the ancient land-mark, which thy fathers have set."
Under this title they also censured all such ambitious
bishops, as not content with the limits of their own dioceses,
invaded the territory of others, and endeavoured to bring
places out of their district under their jurisdiction. Pope
Innocent,^ writing- to a bishop upon such an occasion, re-
minds him of what the Scripture has so often said, "That
we ought not to remove the bounds, which our fathers have
set," and therefore admonishes him to quit his pretensions,
unless he was minded to feel the severity of ecclesiastical
censure.
Sect. 9.— Of Oppression.
This sort of robbery may also be reckoned under another
species of theft, which thd law calls compound theft, because
it joins something- of violence or oppression to the robbery.
Such as hostile invasion, robbing with arms upon the high-
way, breaking houses in the night, piracy at sea, cruel ex-
actions of judges, and other public officers, above what the
law allows, perverting of justice by bribery or rigorous
interpretations of the law, together with extortion and un-
just usury. All which the law condemns under the general
name of oppression, and the ancient canons make it matter
of excommunication. The fourth Council of Carthage has^
one canon forbidding the priests to receive any oblations
• Cod. Theod. lib. ix. tit. 1. de Accusation, lib. i. Qui fines aliquos in-
vaserit, publicis legibus subjugetur, neque super ejus nomine ad scientiam
noslram referatur. ^ - Innoc. Ep. viii. ad Florentiura.
* Con. Carth. iv. can. 94. Eorum, qui paupcrrs oppiimunt, dona a sacerdoli-
>is refutanda.
3
406 THE ANTIQUITIES OF THE [BOOK XVI.
from those, that oppress the poor: and another, appointing'
such as denied to the Church the oblations of the dead, or
refused to pay them Avithout difiicuhy and trouble, to be
excommunicated, as murderers of the poor. Agreeable to
which is that of St. Chrysostom,® directing* his clergy not to
admit any cruel or unmerciful man to the Lord's table: " al-
though it be a general, although it be a g-overnor or consul,
although it be he, that wears the crown, prohibit him: thou
in this case hast greater power tlian he." And again, in-
veighing against oppressors, who offered alms out of what
they had violently taken from others, he says elegantly,^
" that God will not have his altar covered with tears; Christ
will not be fed with robbery; such sort of sustenance is
most ungrp'cful to him: it is an affront to the Lord, to offer
unclean things to him: He had rather be nesfleeted, and
perish by famine, in his poor members, tlian live by such
oblations. The one is cruelty, but the other is both cruelty,
and an aflront likewise. It is better to give nothing, than
to give that, which of right belongs to other men." After
the same manner St. Austin answers the plausible apologies
of spoilers and oppressors. " Their plea was, 1 make*
feasts of charity, I send meat to them, that are bound in
prison, I cloth the naked, I entertain strangers. Do you
imagine this is properly giving ? Do not take from others,
and then you may be said fo give. He, to whom you give,
rejoices; but he, from whom you take, laments; which
of the two will God hear I You say to him, to whom
you give, give thanks, because you have received. But
he, on the other hand, from whom you have taken
it, says, I mourn : you keep almost the whole, and give
a small portion lo tlie other. If, therefore, you give to
the poor what you take from others, God is not pleased
with such works. God says to thee. Thou fool, I com-
manded thee to give, but not that, which is another man's.
' Con. Carlli. iv. can. 05. Qui oblationesdefunrtorutn ant negant ecclesiis,
aut cum (lifficultate refkliint. tanquain ci^entium nccatores cxcomraunicentur.
'^ C'liiys. lloin. Ix.xxii. al. S;}. in Mat. p. 705. ^ Id. Horn. Ixxxvi. al.
Ixxxvii. ill Mat. j). 7'2'2.
■* Auff. Honi. xix. tx. 50. loin. x. p. 137. Agapcs facio. vinrfis in caiccrc
vicluni initio, miriiir> \cstio, pciofri'inos suscipio. Dare tc piitas ? &c
CHAT. MI. J CHRISTIAN CHURCH. 407
If thou hast ought, give of tliat, which is thine own:
if thou liast not of thine own to give, it is better thou
shouldest not give, than spoil some to give to others." He
says ill another phicc,' some were so vain as to think, that a
little alms before they died would effectually expiate all
their sins, however wicked and rapacious they had been
all their lives before : ag-ainst whom he disputes accurately
and sharply in several Books^, which it would be needless
here to cite at large. I only add, that ag-reeable to those
rules the Author of the Constitutions under the name of
the Apostles, giving- directions to bishops about the persons,
from Avhom thov were to receive oblations at the altar, or
refuse them, among- many other criminals, orders them to
reject those, who afflict the widow, and oppress the father-
less by their power,^ and fill the prisons with innocent per-
sons, and evil intreat their servants with stripes, famine or
hard bondage; and lay waste whole cities; all lawyers, that
plead for injustice or unrighteous causes ; all unrighteous
judges; all wicked publicans, and usurers, and soldiers, that
are false accusers, and not content with their wages, but
oppress the poor.
Sect. 10. — Of the Exactions and Bribery of Judges.
And that this was agreeable to the common disci-
pline of the Church, will appear by examining the par-
ticulars. To begin with that, which was the most flagi-
tious and intolerable, the oppression committed by judges
in their oflfice, partly by cruel exactions partly by feigned
accusations, and partly by perversion of justice for the
sake of bribery and filthy lucre : which sorts of oppres-
sion the law commonly terras. Crimen Repetundarum, et
Peculatus. For though Peculatus often signifies robbing
the public by private stealth, yet it sometimes also denotes
the oppressions and injuries done by magistrates to the sub-
ject. In which case the censures of the Church were often
• Aug. de Civ. Dei. lib. xxi. cap. 22. * Ibid. lib. xxi. cap. 27.
Et in Enchirid. cap. Ixxv. et Ixxvi. Serra. xxxv. de Verbis Domini. Cont.
•lulian. Pelag. lib. v. cap. 10. Vid. plura ap Gratian. Caus. xiv. Quacst. 5,
ct 6. * Constit. lib. iv. cap. 6.
408 THE ANTIQUITIES OV THE [bOOK XVJ.
inflicted upon oppressing- g-oveniors. As we have a fumoiis
instance of Synesius' excommunicating- Andronicus, the
governor of Ptolemais, for his violent oppression of the
people. The imperial laws were also very numerous, and
very severe in this case, to secure the rights and properties
of the people from such violent invasion. They did not
indeed allow the subject, for some time, to accuse the
mag-istrate during the year of his administration : but Theo-
dosius took off even that restraint,^ and not only gave men
liberty, but invited and encouraged men of all nrdcrs to
bring informations against corrupt judges, if they had either
suffered any violence from them themselves, or knew them
to be guilty of bribery, or setting justice to sale, or any the
like improbity : and that as well in the time of their admi-
nistration as afterward ; promising a reward to any, that
should make good such charges against them. The like
encouragement was given by Constantine^ and \alentinian
Junior,* as appears by their laws now extant in the Theodo-
sian Code. And whereas the punishment of such corrup-
tion in the magistrate was only a pecuniary mulct before
Thcodosius, by a new law made it death^ as thinking no
punishment too great for such an offence. At Carthage they
had a peculiar good custom, which tended much to dis-
courage all sucli rapacious practices in their magistrates.
For Prosper tells us,^ that every year the new pro-consul
' Syms. Ep. 57. p. 172. * Cod. Theod. lib. ix. tit. 27. ad Legem
Juliam Repetundarum. le^. 6. Jubemus, hortamur, ut si quis a Judice fuerit
aliqiii ratione concussus; si quis scit venalem de jure fuisse sententiain ; si
quis pocnain vel pretio remissain, vol vitio cupiditatis ingestani ; si quis pos-
tremo qiiacunque de causfi iniprohum Judicem potuerit adprobare; is vel
administrante eo, vel post administrationem depositam, in publicum prodeat,
crimen deferat, dclatum adprobet : cum probavcrit, et vicloriam reportatu-
luset gloriam. ^ Cod. Theod. lib. 9. tit. i. de Accusalionibus.
leg. 4. ♦ Cod. Th. lib. ix. tit. 27, ad LegemJuliam Repetundarum
leg. 7. * Cod.Th. lib. ix. tit. 28. de Ciimine Peculatus. leg. i.
Pridem fuerat conslitutuni, ut hi judices, qui pcculatu provincias quassavis-
sent, multac dispendio subjacerent; sed quoniam nee condigna criniini ultio
est, uec par poena percato, placuit— capitale hoc esse, atque animadversione
severissimi coerceri. * Prosper, dc Promissionl'uus Oei, sive Gloria
Sanctorum in Perorationc. In calculis eberncis noniina pro consulum cons-
cripta Carlliaffine in foro coram popiilo a prcscnti judice sub certis
vocabulis citabantur, et erat solennis die?, Albi Citatio. Hi, qm
rHAP. XII.] CHRISTIAN CHURCH. 409
was used upon a certain day, which they called, Albt Cifa-
tio, to read over a list of the governors, that had been before
him : and then they, that had been just in their administra-
tion, and gone through their office without covetousness, or
rapaciousness,or any such flagrant crimes, were lionoured in
(heirabsencebytheapphiusesof the people: but on the other
hand, they whom covetousness had driven into scandalous
measures of robbery and violence, were noted with marks of
infamv by general hissings and reproaches.
Sect. Jl.— Of llie Exactions of Publicans, and Collectors of the Public
Revenues, and other Officers of the Roman Empire.
The laws were equally severe against all super-exactors,
as they arc called, of the public revenues. The common
burden of tribute and taxes was generally hard enough,
even as settled by law, in the Roman government:' but the
illegal exactions of the publicans and collectors made it a
much more intolerable burden. Therefore the laws were
Forced to restrain and chastise their oppressions with great
severity, Constantine made several laws to this purpose,^
condemning this crime as a capital offence, according to
Gothofred's interpretation of severe punishment. Valenti-
nian and Valens, obliged the exactor to make restitution
fourfold to the injured party ,^ and condemned the judge in
the same quadruple sum, if he refused upon complaint to
do him justice. But Arcadius, finding that this law of Valen-
tinian did not effectually put a stop to these exorbitant de-
mands, made it death for any exactor to go beyond his
bounds.* And Honorius, some years after, joined both pu-
avarltiam superantes, rempubiicam fideliter e^eranl absque flagitiis facinori-
busque, etiam absentes honorabantur: eos vero quos rapacitas vicerat, po-
pulus convitiis sibilisque notabat,
• V'id. Lipsiuui de Magnitudine Romanfi. lib. ii. cap. 1, 2, &c. 'Cod,
Theod. lib. viii. tit. 10. de Concussionibus Advocatonini. le^, i. Item, lib. xi.
tit. 1, de Annona et Tributis. leg. iii. et lib. xi. tit. 7, de Exaclionibus
leg. i. et lib, iv, tit. 12. de Vectigalibus. leg. i, '^ Cod. Th. lib.
xi, tit, 16. de Extraordinariis. leg. xi, Obnoxius quadrupli rcpetitione
teneatur, Ac. * Cod. Th, lib. xi. tit.,8. deSuperexactionibus. leg. i. Si
quis exactorum superexactlonis crimen fuerit confutatns, eandeni pccnani
subcat, qua Divi Valenliniani lanctione dudum fueral dcfinita. Capitis nam-
410 THE ANTIQUITIES OF THE [bOOK XVI.
nishmcnts together, ordering- the exactor to be put to death
and quadruple restitution to be made out of his estate to the
injured person ;^ JJiying a fine M'ilhal of thirty pounds of gold
upon any judge, that neglected to put the law in execution.
Now what the civil law so severely condemned, there is no
question but that the ecclesiastical law punished in the spi-
ritual way, with equal severity, under the general name of
oppression.
Sect. 12. — Of the Exactions of Advocates, and Lawyers, and Apparitors
of Judges.
There was another cruel way of oppression under colour
of law, much practised by advocates and lawyers, com-
monly called, Scholastici et Defensores, and the appa-
ritors and officers of the civil courts, and attendants
of judges. Their exactions, and extortions upon men s
necessities, are frequently complained of, and provided
against by several laws. The law allowed them certain
stated wages, or canonical pensions, as the term is. for
pleading- and managing causes: but beyond these they often
made no scruple to exact maintenance for themselves and
their horses, wherever they came, in the city, or in mansions,
without any pay ; which super-exactions are particularly
noted in advocates and officers by Constantius,^as instances
of insatiable covetousness: and therefore he gives orders
to judges to defend the people from such extortions, and
not suffer their injuries and encroachments to go unpunish-
que peiiculo posthtic cupiditas amovciula est, qua; prohibita totiens in his-
«iein sceleribus perseverat. ' Cod. Th. lib. xi. tit. 7. de Exactionibus.
leg. XX. Si in concussione possessoruin exactores fuerint depreliensi, ilico
ot capitali periculo subjaceant, et direpforum qtiadrupli poenS. ex eorum
patriinonio truetur, &c. Vid, ibid. tit. S. de Supercxactionibus. leg. ii. etiii.
ejusdim Honorii. It. lib. ii. tit. 2G. de Discussoribus. Leg. i. &c. lib. xiii.
til. Il.de Censitoribus leg. vii, et x. Et Valentiniaiii iii.Novel. 7. de In-
dulgentiis leliquoruni. •^ Cod. Th. lib. viii. tit. x. de Concussioni-
bus Advocatorura et Apparitorum. leg. ii. Prater sollcmnes et canon ic«s
pensilationes miilta u provincialibus Afris indignissime postulantur abofficia-
libus et scholasticis, non raodo incivitatibus singulis, sed etmansionibus, duin
ipsis etanimalibus eorundem alimoniffi sine pretio ministrantur, &c. Pro-
vinciales itaque cuncti judiccs tueantur, noc injurias inultas transire per-
mittanl.
CHAP. XII.] CHRISTIAN CHURCH. 411
ed. Constant itie reflects upon the like extortions of advo-
cates in making- wicked bargains with their clients,' to make
over to them the best of their lands, their cattle, and
their slaves; which ho calls spoiiing and pillaging
those, that stood in need of their patronage ; and
orders, that such rapacious vultures, as Gothofred terms
them, should be expelled the court and never after be
allowed the liberty of pleading. Another way, whereby
wicked advocates were wont to oppress the poor, was, by
encouraffinc- their clients to draw their adversaries in a civil
cause from the cognizance of the ordinary judges to a
military tribunal, where they had more liberty by bribery,
and other corrupt practices, to oppress them. Great com-
plaints are made, by Ammianus Marcellinus,^ of this sort of
depredation made upon the poor in the time of Valens, who,
he says, opened the doors to robbery, which gained
strength every day by the pravity of the judges and advo-
cates, who sold the causes of poor men to the rulers in the
army, or such as bore sway in the palace, by which means
they increased their wealth, or brought themselves to pre-
ferment. To correct this abuse, Arcadius made a law,^ that
whoever transferred a civil cause from the ordinary judges
to a military court, should be liable to banishment, besides
other penalties inflicted by former laws ; and the advocate
concerned in such a cause, should forfeit ten pounds of
gold, except they had a special license from the Emperor
for such a removal. Valentinian III. added to this, that
' Cod. Th. lib. ii. tit. 10, dc Postulando, ]eg. i. Advocates, qui con-
sceleratis depectiouibus sute opis egentes spoliantatque deiuidant, non jure
causoe, sed fundorum, pecoruni et mancipiorum qnalitate rationeque tractatS,
dum eoruin prseripua poscant coacta sibi pactiono transcribi, ab honestorum
coetu, judicioiumqup conspectu segrcgari praicipinius. Vid. Cod. Justin.
lib. ii. tit. 6. de Postulando. leg. v. * Animian. lib. xxx. p. 448.
Laxavit rapinarum fores, qua; roborantur indies judicum advoratoiunique
pravitate, qui tenuiorum negotia militaris rei rectoribus, vel intra palatium
validis venditantes, aut opes, aut honores quaesivere praeclaros.
" Cod. Theod. lib. ii. tit. 1, de Jurisdictione. leg. ix. Si quis neglectis
judicibus oidinariis, sine conlesti oraculo, causam civilom ad inilitare ju-
dicium credideret deferendam, practerpoenas ante proniulgatas, intelligat se
deportationis sortem exctptuiuni. IS'ihilominus ct advocatum ejus decern
libris auri condeninatione feriendum.
412 THli; INTlQUlTitS OF THE [BOOK XVI.
the {idvocute should lose his oftlce,^ and the counsellor be
banished also. And there were many other laws made by
Theodosius, Valentinian junior, and Martian, to the same
purpose, which the curious reader may find in Gothofred
upon the forementioned law of Arcadius. It is true, the
Ecclesiastical Law docs not particularly specify these
things; but we may .suppose, they being g-reat crimes, were
included in the g-eneral notion of illegal oppression, which
was thought to deserve ecclesiastical censure.
O"
Sect. 13. — Of griping Usury and Extortion.
But there is one sort of oppression, which the laws of
the Church more particularly take notice of, and condemn
both in the clergy and laity, that is, griping usury or ex-
tortion upon the poor. The nature of usury, and the
several degrees of it, I have had occasion already to explain
in a former book :^ all, therefore, I shall here take notice of,
is the censures of the Church passed upon all, that were
guilty of what they reckoned cruel and criminal in it. The
Council of Eliberis not only orders the clergy to be de-
graded, who were found guilty of taking usury, but tlireatens'
excommunication to every layman, that after admonition,
persisted in the practice of it. And the first Council of*
Carthage gives this reason, why clergytnen should not
practise it, because it was u thing, that was culpable in lay-
men. And the reason, why it was so generally condemned
by the Ancients even in laymen, was, because it was
generally a great o{)pression of the poor, to whom the
charity of lending without usury was due ; and many times
it was attended with extortion, as in the centesimal interest,
wliich was twelve in the hundred ; and what they called
Hemiolia, which was receiving half as much more as the
' Valentin. Novel, de Episcopal! Judicio. tit. xii. Causidicura officii
amissio, jurisconsultum existimationis et interdictae civitatis dainna percel-
lant. "^ Book T?i. chap. ii. sect. 6. * Con. Eliber. can. xx.
Si quis etiamlaicus accepisse probatur usuras, si in eS iniquitate duraverit,
al) cccleBia sciat sc esse projicicndum. * Con. Carth. i. can. 13.
Quod in laicis rcprchcndiUir. id multo niagis in clcricis oportct pracdainnari.
CHAP. XII,] CHRISTIAN CHURPII. 113
principal by way of interest, both whicli were condemned
by the laws of tlic State as illeg-al exactions, and downright
extortion. Upon which bottom all the aig-uments and in-
vectives of the Ancients are founded. So that usury in
this sense was reckoned a plain robbery of the poor, and a
cruel oppression of those, to whom mercy and charity
ought to be shewn upon all occasions. And to lliis we
may join all extortion made by force or fear, which the
civil law condemns and annuls,' thoug-h a covenant or
promise had been obtained of the injured party.
Sect. M. — Of Forgery.
The last sort of robbery, was that, which was committed
by fraud and deceit, which the law calls Dolus Malus, and
Stellionatus, from Slellio, that little animal with shining'
spots like stars, the lizard, or tarantula, of which naturalists*
observe, that there is no animal, which more fraudulently
envies man than this: for changing his skin every year,
which was reckoned a sovereign remedy against the falling-
sickness, he devours it himself, lest men should have the
benefit of it: whence the lawyers call all imposture and
fraud, which has no special title in law, by the name of
Stellionatus,^ as Ulpian explains it: thus if a man mort-
gage or pawn that, which is already engaged, fraudulently
dissembling the former obligation ; or pass it away in ex-
change, or pretend to pay debts with it, when it is under a
pre-engagement ; all such frauds are called Stellionatus.
So if a man change the wares, which he has sold, or corrupt
them, or direct them to another use after he has pawned
them ; or if he used any collusion or imposture to compass the
death of any man, this was reckoned a fraud of the same
' Cod. Th. lib. ii. tit. 9. de Pactis. leg. iv. Pacta quidem per vim et
metum apud omnes satis constat cassata viribus respuenda.
* Plin. lib. XXX. cap. 10. Nullum animal fraudulentius invidere homini
tradunt: inde stellionum noraenaiunt in maledictum translatum, &c.
■ Digest, lib. xlvii. tit. 20. Stellionatus leg. iii. Ubicunque titulus criminis
deficit, illic Stellionatus objicimus. Maxirae autem in his locum habet: si
quis forte rem aliiobligatura, dissimulate obligatione, per calliditatem alii
distraxerit, vel permitaverit, vcl in solutum dederit, &c.
4H THE ANTIQUITIES OF THE [bOOK XVI,
nature. If in g^iving' a pawn, ho substituted brass in the
room of gold; if he sold a freeman under the notion of
a slave ; if he received a sura of money as a debt, that was
really paid him before; he was hable to be punished upon
an action of fraud upon the same title ;' and for his crime,
if he was a plebeian, he might be condemned to the mines;
if a person of quality, he might be sent into banishment,
or be degraded. The instances of sucli frauds and col-
lusions are too many and intricate, to be here particularly
recounted, but the chief of them may be summed up under
these five titles, forgery, calumny, flattery, deceitfulness in
trust, and deceitfulness in traffic.
Forg-ery may be committed either in counterfeiting- coin,
to impose upon the unskilful and unwary ; or else in counter-
feiting- deeds and instruments, to lay claim to other men's
estates, as is done by those, who make a title upon false
wills or bonds, or conceal or corrupt the true ones. The
counterfeiting- of the coin, was not only an injury to private
men in commerce, but also an act of treason against the
supreme powers : and therefore punished as a capital offence
with confiscation, banishment, or death, and that sometimes
of the cruellest sort, burning- alive, as appears from several
laws in the Theodosian Code made upon this occasion.^
Particularly Constantine,^ in one of his laws, orders such to
be put to the sword, or burnt alive, or to be punished with
some such violent death, whether they were guilty of clip-
ping- the coin, and diininishing- its quantity, or adulterating-
its quality, and vending it as good by manifest fraud and
imposture. And what the law punished thus severely in
the state, there is no question but that it was with equal
severity in the spiritual way censured, and condemned as a
' Vid. Calvin. Lexicon Juridicum, Voce, Stellionatus. * Cod.
Tiieod. lib. ix. tit. 21. de Falsa Moneta. leg. 1, 2, 3, 6, 6.
' Ibid. tit. 22, Si quis solidi circuluni inciderit, vel adulteratum in venden-
do subjccerit. leg. i. Aut capita puiiiri debet, aut flammis tradi, vel ali&
p8en& mortiferfi. Quod ille etiam patietur, qui mensurani circuli exterioris
adraserit, ut ponderis minuat quantitateni; vel liguratum soliduin adulterfi
imitatione invendendo subjecerit. Vid. Digest, lib. xiii. tit. 7. de Pignora-
titifi Actione. leg. 1, ct 16.
CHAP. XII.] CHRISTIAN CUDRCII. 110
fraud and robbery by the Churtli. The counterfeit in jr of
false deeds, and especially fals(^ wills, was esteemed an
heinous crime even by the old Roman laws, of which there
is a whole title in the Pandects;' one of which, related by
the famous lawyer, Julius Paulus, says,^ whoever conceals a
will, or convoys it away, or destroys it, or puts another in
its room, or cancels it ; or whoever writes, or sions, or
fraudulently produces a false will, is liable to be punished
upon an action of forgery, by the Cornelian law. And that
punishment is either banishment, or confiscation,* or death
according to the ([uality of the offender. And by the laws
of Constantine the same punishments of banishment and
death were awarded to this sort of forgery.* And though
the Ecclesiastical Laws do not particularly specify the
punishment of this crime, yet they must be supposed to
comprehend it under the general title of theft and robbery,
which made men liable to ecclesiastical censure.
Sect. 15. — Of Calumny with Regard to Men's Estates and Fortunes ; and
its Reverse, the Fraud of Flattery.
Another sort of fraud that might be committed against
men, in order to rob them of their estates and fortunes, was
impeaching them of feigned crimes, by false accusation and
calumny. This sometimes affected men's lives, and then it
was a species of murder, and punished under that denomi-
nation, as has been shewn before. Sometimes it affected
their fame and reputation, and as such it will be considered
' Digest, lib. xlviii. tit. 10. de Lege Cornelia de Falsis.
• Paulus ibid. leg. ii. Qui testamentutn amoverit, celaverit, eripuerit, dele-
verit, interleverit, subjecerit, resignaverit : quive testanientum falsum scrip-
serit, signaverit, recitaverit dolo nialo, cujusve dolo nialo id factum fuerit,
legis Corneliae pccnS damnatur. * Ibid. leg. i. n. 13. Pcena
falsi, vel quasi falsi, deportatio est, et omnium bonorum publicatio: et si
servus eorum aliquid admiserit, ultimo supplicio adfici jubetur.
* Cod. Theod. lib. ix. tit. xix. ad Legem Corncliam de Palsis. leg. I. et 2.
Capitali post probationem supplicio (si id exigat magnitudo commissi) vel
deportatione ei qui falsum commiserit imminente.
Vid. Cod. Justin, lib. x. tit. 13. De his qui se deferunt.
Leg. i. Occultator gestorum in insulam deportetur, &c.
416 THE ANTIQUITIES OF THE [bOOK XVr.
hereafter. Tn this place, we take it only as affecting- men's
estates and fortunes, and as an intention by fraud, to rob
them of their property and possessions. In which sense, the
law sometimes takes calumny and false accusation, as a spe-
cies of theft and robbery, and proscribes it under that title.
As appears from that law of Valentinian and Gratian,in the
Theodosian Code, which joins these three sorts of calumny
together/ viz. against men's fame and reputation, against
their fortunes, and against their lives: ordering-, that who-
ever impleaded another upon any of these three heads,
should underg-o the same penalty as he intended to bring"
jipon the party he impeached, if he proved to be a false ac-
cuser, and did not fairly make out his action. Against such
calumniators, fraudulent informers, and false accusers,
whose chief aim was in a plausible way, and under pre-
tence of legal process, to come at other men's estates there
are two or three whole titles more in the Theodosian Code,*
where such accusers and impeachers are called the bane of
human life, and the common pest of mankind : and they are
ordered to be prosecuted to the last deg-ree with confiscation
and death. The ecclesiastical law also enjoins them a se-
vere penance. By a Canon of the Council of Eliberis,^ " he,
that bears false witness ag-ainst another to the loss of his
hfe or liberty, is not to be received to communion even at his
last hour." And if it was in a lighter cause, as in a pecu-
niary matter or the like, he was to do penance for five
years, before he was reconciled and perfectly restored to the
peace of the Church. St. Austin also reckons this sort of
calumny among- the species of robbery and oppression.* And
' Cod. Th. lib. ix. tit. I.de Accusationibus. leg. xi. Qui alterius faraam,
fortunas, caput denique et sanguinem in judicium devocaverit, sciat, sibi im-
pendere congruam poenam, si quod intenderit, non probaverif.
» Cod. Th. lib. ix. tit. 39. de Calumniatoribus. It. lib. x. tit. 10. de Petitio-
nibus et Delatoribug. leg. i. ii. iii. x. xxxiii. &c. Ettit. 12. Si vagum peta-
tur raancipium. ' Con. Eliber. can. Ixxiii. Delator si quis
extiterit fidclis, et per delationemejus aliquis fuerit proscriptus vel interfec-
tus, placuit eum nee in fine accipere coramunionem. Si levior causa fuerit,
intra quinquennium accipere potuit communionero. * Aug.
Ep.liv, ad Macedon.
GIIAP. XII.] CHRISTIAN CHURCH. 41T
the author of tho Constitutions,' giving directions to the bi-
shop what sort of" persons he should reject from the com-
munion, among- others mentions soldiers, who are false ac-
cusers, and not content with their wages, but oppress the
poor.
Adulation and flattery is the reverse of calumny, nnd yet
by these means some made a shift by fraudulent arts, to get
themselves made heirs to dying persons, to the prejudice of
those, who had a more just and real title. To prevent which
sort of fraud, Valentinian made a law,^ that no ecclesiasti-
cal person or ascetic (for the fraud was chiefly committed
by them) should clancularly resort to the houses of dying
tvidows or orphans, to get their estates, or any legacies to be
settled upon them: which if they did, they were liable to
he prosecuted at law by the deceased parties next, relations :
they were to enjoy nothing, that they had so fraudulently ob-
tained, under pretence of religion, from any such persons,
either by way of donation and gift, or last will and testa-
ment ; but the legal heirs might make their claim, and set
aside all such legacies ; or otherwise they were to be confis-
cated to the public. There are two laws of Theodosius also
much to the same purpose.^ And the Fathers are so far from
complaining of the seeming hardship of these laws, that
they rather complain of the fraud and avarice, and rapacious-
ness of those, who gave occasion to these pious emperors
to make such laws against them. St. Ambrose says,* such
men were guilty of violence, and invasion of the rights of
' Const, lib. iv. cap. 6. « Cod. Th. lib. xvi. tit. 2. de
Episc. et Clericis. leg. xx. Ecclesiastici, aut ex ecclesiasticis, vel qui con-
tinentiura se volunt nomine, nuncupari, Tiduarum ac pupillarum domos non
adeant: sed publicis exterminentur judiciis, si posthac eosaffines earum vel
propinqui putaverint deferendos. Censemus etiam, ut momorati nihil de ejus
muUeris, qui si privatim sub praetextu religionis adjunxerint, liberalitate
quScunque, vel extreme judicio possint adipisci, &c. Vid. leg. xxi. ibid.
* Ibid. leg. xxvii. et xxviii. * Ambros. Ser.
vii. de Clericis. p. 232. Nemo nos invasionis arguit, violentiae nullus accu-
sal? Quasi non interdum majorem praedam a viduis blandimenta eliciant,
quam tormenta : non interest apud Deum, utrum vi, an circumventione quis
res alienas occupet, dummodd quoquo pacto teuet alienum. Vid. Libruni
cont. Symmachum.
VOL. VI. 2 E
-ilS THE ANTIQUITIES OF THE [bOOK XVI.
Others : they made a greater prey of widows, by tlieir blan-
dishments and flatteries, than others did by torments : but
it was all one before God, wliether a man seized the sub-
stance of others by force, or by circumvention, so long" as
he detained what of right belonged to other men. In like
manner St. Jerome :*" I am ashamed to say, that the idol-
priests, and stage-players, and horse-racers, and harlots,
may be left heirs, whilst clerks and monks only are prohi-
bited by this law; and that not by persecuting tyrants, but
Christian princes. Neither do I complain of the law, but it
grieves me to think we should deserve such a law. The
caution of the law is provident and severe, and yet our cove-
tousness is not restrained thereby. We evade the laws by
feoffments in trust: and as if the edicts of emperors were
greater than those of Christ, we are afraid of their laws,
whilst we contemn the Gospels. It is evident by these com-
plaints made by these holy Fathers, that this fraudulent way
of catching" at the estates of widows, by fawning- arts and
assentation, (whence these flattering- hypocrites were com-
monly called H^redipeics and Capfatores,} was esteemed no
less a theft, than that which was committed by open vio-
lence and oppression. This was a scandalous sort of theft
even among- the heathens;^ Juvenal often spends his satiri-
cal wit upon it: and so does Martial, and Seneca, and Pliny,
and Lucian,^ and manv others. Which makes it less won-
der, that the Christian laws should proscribe it, and the fa-
thers so sharply inveigh ag-ainstit, even when it looked like
a means of aug-menting- the revenues of the Church. But
that shews the purity of the ancient discipline, that they
' Ilieron. Rp. ii. ad Nepotianum. Pudet dicere, sacerdotes idolorum, mi-
mi, et aiiri^ae, et scorta haiiedilates capiunt; solis clericis ac moiiachis hfic
lege prohibctur: et non prohibetur a peisecutoribus, sed a princibus Chris-
tianis. Ncc de leg^e conqueror, sed doleo cur morucrimiis lianc lepfem.
Provida severaque legis cuutlo : ot tamen ncc sic refraenatur avaritia. Per
fidei commissa legibus illudimus : et quasi majora sint Imperatorum scita
quam Christi, legos timcmus, et evangeliu confemninius. Vid. Ep. iii. ad
Nepotian. et Ep. xxii. ad Eustoch. II. Leo el Majorian. Novel 8. Insidiosa
munuscula diriguntur, subornantnr medici, qui prava pursuadeant, &c.
* Juvenal. Sat. v. ver. 98. Sat. vi. ver. 40. Saf. x. 202. * Vid.
Calvin. Lexicon Juridicum, Voco, Captare.
CHAP. XII.] CHRISTIAN CHURCH. 419
would not spare a crime, that could nppear with so fine an
aspect ; bein<;' utter enemies to all scandalous and disrepu-
table ways of increasing- the clerical maintenance, as 1 have
had occasion to shew in several instances, in speaking more
particularly of the revenues of the Church.
Sect. 16.— Of Deceitfulness in Trust.
Another sort of fraud is committed in matters of trust, as
when a steward or servant embezzles his master's goods, or
makes fraudulent and injurious bargains for him; or when a
guardian or tutor, who is entrusted with the execution of a
dead man's will, acts an unfaithful part, and enriches him-
self out of what was desig-ned for the maintenance of
others ; or when a man denies, or conceals, or refuses to re-
store any thing, that was deposited with him, and committed
to his trust. The Ancients were extremely conscientious m
this last instance of thing-s committed to their trust, inso-
much as that Pliny himself can inform us,* that it was one
part of their solemn business every Lord's day to bind them-
selves with a sacrament, or an oath, not to commit any
wickedness, theft, robbery, adultery; not to falsify their
word; not to deny any thing wherewith they were intrusted,
when they were required to deliver it up again. And there-
fore we may reasonably conclude, that no one was thought
qualified for communion in such a society, who was gudty
of breach of faith in any such trust, which was both against
the laws of common justice, and his own solemn engage-
ment. Some trusts were of a more sacred nature, being
designed for the service of God and the poor, an unfaithful-
ness in such trusts was therefore reckoned a double and a tri-
ple crime, because it added, as it were, murder and sacri-
lege to the injustice. Upon this account the fourth Council
of Carthage calls those,^ who endeavour to defraud the
' Pliu. lib.x. Ep. 97. Seque sacramento noniii scelus aliquod obstringere,
sed ne furta,ne latrocinia, ne adulteria coramitterent, ne fidem fallereiit, ne
depositiim appcUati abnegarent. * Con. Carth. iv. can. 95.
Qui oblaliones defunctorum aut negant ecclesiis, aut cum difficultate reddunt,
tanquam egentium necatores, excomraunicentur.
2 E 2
420 THE AN'ilQUITlES OF THE [bOOK XVr.
Church of such legacies or ol)latlons, as were left her by the
dead, murderers of the poor ; because their robbing- the
Church of that, which was given for the maintenance of the
poor, was in effect to starve and famish the poor: and for
such fraud and cruelty they are subjected to the censure of
excommunication. Among- the Epistles of Cyprian, there
is a letter of Cornelius, bishop of Rome,* to Cyprian, giving-
him an account of one Nicostratus, a deacon, whom he
charges with this sort of fraud: for he had not only cheated
his temporal patroness, whose affairs he managed, but had
carried away a great part of the revenues of the Church,
which was entrusted w ith him as archdeacon for the mainte-
nance of poor widows and orphans; for which crime he was
forced to fly from Rome, for fear of being called to give an
account of his rapine and sacrilege. And Cyprian himself
in another Epistle,^ giving an account to Cornelius of the
wickedness of Novatus, says, he had defrauded the widows
and orphans, and denied the Church's revenues, which were
entrusted with him ; for which, and many other crimes, as
starving his own father, and causing* his wife by a sudden
blow to miscarry, he had certainly been removed not only
from his seat in the presbytery, but from all communion
with the Church, had not the approach of a fierce persecu-
tion put a stop to his trial and condemnation. By which it
appears, that there was no crime more heinously resented
than this of unfaithfulness in trust, nor any more severely
pursued and punished by the censures of the Church.
Sect. 17. — Of Deceitfulness in Traffic.
The last sort of fraud is that, which is committed in traf-
fic and commerce, between buyer and seller. The buver
may be guilty either in taking advantage of the ignorance
of the seller, when ho knows not the true value of his own
goods ; or in taking advantage of his necessity, when his
poverty compels him to sell at an under-rate ; or in paying
' Ap. Cypr. Ep. xlviii. al. 50. *^"ypr- Ep. xlix. al. 62. ad
Cornel. 97.
CHAP. Xll.] CHRISTIAN CHURCH. 421
him in false and conupt coin, Mliieli is the same thing- na
<lef'rauding- liiin in the original contract. This last sort of
fraud was severely punished by the Roman laws, both
heathen and Christian. For the vender, as well as the forg-er
of false coin, is condemned in all the penalties of fraud,
recounted in the Pandects.* And Constantine made it a
capital crime,^ not only for any one to adulterate, or clip, or
diminish thecoin,but also to pass any such away knowing-ly
in payment to others, to put a wilful cheat upon them. And
though this be not expressly and particularly specified in
the ecclesiastical law, yet being- a principal fraud, it must
be comprehended under the general titles of frauds, which
came under the cog-nizance of the spiritual jurisdiction. For
fraud was always reckoned a crime of the first magnitude;
St. Austin-^ puts it in the same class with murder, adultery,
fornication, theft, and sacrilege : and TertuUian joins it with*
the great sins of blasphemy, idolatry, apostacy, murder and
adultery, which detilethe temple of God, and unqualify men
for Christian communion. As to the buyer's overreaching
the seller, bv taking- advantage of his ignorance or unskil-
fulness in the just value of his commodity, this being a
thing not easy to be discovered or proved, it may be sup-
posed to be a fraud rather left to his own conscience, than
ordinarily brought under public discipline. Yet certain it is,
a conscientious man will not load his soul even with this
guilt. St. Austin gives a rare instance of singular justice
in this case.^ He says, he knew a man, who having a book
offered him to be sold at an under-rate by one, who under-
stood not the true value of it, gave him the just price of it ;
surprising him by an uncommon generosity and equity,
' Digest, lib. xiii. tit. 7. dc Pignoratitia Actione. leg. i. et xvi. lib. xlviii*
lit. 10. ad legem Conicliam de Falso. leg. ix. * Cod. Theod
lib. ix. tit. 22. Si quis solidi circuluin incident, vcl aduUenitiiiu in vendendo
subjeceiit. leg. i. Capite puniii debet, aut Jlunniiis tiadi, vel alifi pocn
mortifera, si quis mensuram circuli exterioris adiiiseiit, vel figur&tiim soli-
dum adulterfi imitatione in vendendo sulijccerit. * ' Aug.
Tract, xli. in Joan. toin. ix. p. l-id. "• Teitul. de Pudicit.
cap. xix. C'ont. Marc. lib. iv. cap. 9. * Aug. de Triuit. lib,
xiii. cap. 3.
422 THE ANTIQUITIES OF THE [bOOK XVI.
which allows no man to take advantage of another's igno-
rance ; thoug-h it be against the general maxim of the
world, which loves to buy cheap, and sell dear, (as the mimic
said, when he undertook to divine and tell all men their
wishes,) whatever evil consequences may attend it.
On the other hand, fraud may be committed also by the
seller, and that several ways ; either by over-rating the com-
modity to the ignorant and necessitous buyer, which is also
extortion and oppression ; or by vending corrupt wares,
which are not really and truly what they are said or appear
to be, which is a fraud in the quality ; or by using false
weights and measures, which is a fraud in the quantity of
the thing contracted for, and which is commonly branded
with this note in Scripture, that " it is an abomination to the
Lord." The old Roman laws were exceeding careful about
this matter of just weights and measures.* The Ediles were
obliged to examine them; the standards of both were reli-
giously kept in the Capitol : and thence, afterward, in Chris-
tian times, they were removed and placed under the custody
of bishops in the churches, as appears from Justinian's*
Pragmatic Sanction, and one of his Novels to this purpose.*
Every city, and mansion, or place of custom, had likewise
their public standards, as well to prevent the frauds of the
exactors of tribute, as those of others in private contracts,
one with another. To which purpose there are several laws
of Theodosius,* and Honorious,* and Valcntinian III,^ and
Majorian,' in the Theodosian Code. And very severe and
capital punishments are there appointed for all such as were
found guilty of fraud in altering or corrupting the public
standard. The Church has not many particular laws about
' Vid. Digest, lib. xlviii. tit. 10. ad Legem Corneliam de Falso. leg. xxxii.
* Justin. Pragmat. Sanct. cap. xix. ^ Justin.
Novel, cxxviii. cap. 15. * Cod. Th. lib. xii. tit. 6. de Suscep-
toribus. leg. xix. In singulis stationibus et mensurse, et pondera publice
conlocentur, ut fraudaie cupientibus fraudandi adiniaiit potcstatem. It. leg.
xxi. * Cod.Th. lib. xi. tit. 7. de Super Exactionibus. leg. iii.
• Cod. Th. lib. xii. tit. 6. de Susceptor. leg. xxxii. It Novel.
Valentin. et Theodos. XXV. de Pretio Solidi. * Majorian.
Novel, i. Vid.Sidon. Apollinar. lib. v. Ep. 7. et Cassiodor. lib. v. Ep. 39.
lib. xi. Ep. 16.
CHAP. XII.] CHRISTIAN CHURCH. 423
this in her discipline: but it being- a flagrant crime in the
eye of the state, we may presume she punished offenders in
this kind, by the general laws against fraud, witliout speci-
fying- all particular cases. The author of the Constitutions,*
g-ives a g-eneral rule about this matter, when he orders the
bishop to reject the oblations of all such as were noted by
the common name Vadi8^»yol, fraudulent dealers: and he
more particularly marks the AoXo^m)ot,//«o.9e ihal used fraud
in measures, and i\\cZvyoKp8'::cu, thai is, such as though they
did not use false weights, and balances of deceit, yet used
a more sly art and fraud, in giving a turn to the scale with
their fing-ers, to gain that by artifice and sleight of hand in
weig-hing-, which they durst not venture to do by false
weights. Constantino also take notice of this fraud in one of
his laws,^ where he forbids the receivers of tribute to use any
art vi'ith their fing-ers to press down the scale, but to be ex-
act in poising- and libration, that no one might complain of
any injustice done him. And it is observable, that Julian,^ to
prevent such frauds in weighing-, appointed a standing offi-
cer in every city, whom he calls by a Greek name Zygostates,
that is, the public weigher, or supervisor of the scale, who
was to determine all controversies arising about weight be-
tween buyer and seller, and put an end to them by examin-
ing what was suspected, by the public standard. And the
care of an heathen emperor, to correct frauds and abuses of
this nature, made it more reasonable for the Church to look
into them, and bring delinquents of this kind under penande
by the power of ecclesiastical censure.
The author of the Constitutions likewise takes notice of
the other sort of fraud, which may be committed in traffic
by dissembling the ill qualities of things, and vending cor-
rupt wares under the notion and appearance of that which is
> Constit . lib. iv. cap, 6. « Cod. Th. lib. xii. (it. 7. fle
Ponderatoribus. log. i. Aurum quod infertur, tequftlance et libranientis pari-
bus suscipiatur: necpondera deprimant, &c. " Ibid. leg. ii.
Placet, quem sermo Graecus appellat, per singulas civitates, constitui Zygfos-
taten, ut ad ejus arbitrium et ad ejus fidciTi,si qua Inter vcndeiilcmemptorcm-
que in solidis rxorta fucrit contentio, dirimatuv.
424 THE ANTIQUITIES OF THE [bOOK XVI.
perfect and good. As when a man puts off brass for gold,
or a mixture of water or other liquor for pure wine. There-
fore in his directions to the bishop, whose oblations he shall
receive, and whose refuse at the altar, he says, in the first
place, he shall reject those, whom the Greeks call, KctTTTjXot ;
and the Latins, Caitpones ; by which he does not mean
victuallers strictly, or merchants, or tradesmen in general;
though the words be so sometimes taken ; but fraudulent
hucksters, who corrupt and adulterate their wares, to make
the greater gain and advantage of them. As appears from that
passage, which, according to the Septuagint, he quotes out
of Isaiah, i. 22. 'Oi Ka7rr|Xoi as [licryscn tov oIvov t(^ vSan, thy
hucksters mingle wine with water. Lactantius* argues this
point acutely against Carneades, the heathen philosopher,
who taught, that if a man has a fugitive slave, or an in-
fected and pestilential house, which he sets to sale, he is
bound in prudence not to discover their faults: because if
he does, he shall either sell them for little, or not at all.
Which he calls poisonous doctrine, and shews it at large to
be both against the rules of Christian justice, and prudence
also. For nothing can be more valuable to a man than
keeping innocence and good conscience. Upon this account
St. Hilary says,^ whoever either designs, or commits fornica-
tion, or murder, or theft, or fraud, or rapine, makes his body a
den of thieves. Some of the Ancients, indeed,^ are a little
more severe against negotiating in any trade, except a ma-
nual art, for gain, because of the danger of fraud, that sticks
so close between buying and tjelling : but Pope Leo more
favourably distinguishes between honest and filthy gain,* and
says the quality of the gain either excuses or condemns the
tradesman. So that it was not all trade and merchandize
that they condemned as simply unlawful in itself, but only
• Lact. lib. V. cap. xvii. ct 18. * Hilar, in Psal. cxviii. cxxxix,
p. 278. Corpora, ciim cogitamus aut agimus stupra, ca;dcs, furta, falsitates,
rapinas, speluncain latronuin constituimus, ? Vid. Tertul. de
Idol. cap. xi. Epiphan. Expos. Fid. n. xxiv. Auctor opcris iraperfecti in
Mat. xxi.xii. * Leo. Ep. xciii. ad Rustic, cap. ix. Qua-
litas lucri negocianttm aut excusat, aularguit: quia est honcstus qusstus
aut turpis.
CHAP. XII,] CHRISTIAN CHURCH 42C»
when it was accomijanied with such trauduloiit practices, as
made it an unconscionable gain, and no better than a plau-
sible theft, and more artificial way of robbery.
The hist sort of fraud in tlie seller is committed by over-
rating- his commodity ; which is done either by monopo-
lizers, when a single man, or a body of men, get the sole
power and propriety of any commodity into their own hands,
and set what arbitrary price they please upon it ; or when
the seller takes the advantage of the ig-norance or necessity
of the buyer to enhance his price, and make a gain of his
weakness, his poverty, or his indiscretion. Against the
fraud of monopolizers, there is a famous law of the emperor
Zeno in the Justinian Code,^ where he first forbids any sin-
gle man to monopolize any wares under the penalty of con-
fiscation of all his goods, and perpetual banishment of
his person : and then proceeds to inhibit any body of men
to combine in any unlawful contract not to sell their g-oods
but at a certain rate, under tlie penalty of forfeiting forty
pounds of gold : he likewise prohibits all artificers and work-
men from combining among themselves, that if any one un-
dertook a work for another man, and left it unfinished, no
one of the same occupation should meddle with it to finish
it without the consent of the first undertaker ; which was
an art of raising their labour to what arbitrary price they
were pleased to set upon it. To obviate which fraud, and
the difficulty, which honest men thereby lay under, he dis-
solved all such unlawful contracts and combinations, and
left men at perfect liberty, when they were deserted by one
workman, to employ another, without any fear or molestation
arising from the pretence of any pre-engagement.
The other way of enhancing the price, by the seller's
taking advantage of the buyer's ignorance or indiscretion, is
what no laws could well provide against in all cases ; and
therefore it was rather left to the equity and conscience of
men, to be examined and judged by the divine law, than
' Cod. Justin, lib. iv. tit. 59. de Monopoliis. leg. i. Si quis nionopolium
ausus fucrit exerceic, bonis propriis cxpoliatU8, perpctuitatc daniueUir ex-
ilii, &c.
426 THK ANTIQUITIES OF THE [bOOK XVI.
brouglit under any certain rules of human judg-ment. How-
ever, being- a species of fraud, and extortion, and oppres-
sion, it is probable the g-overnors of the Church took occa-
sion in many notorious cases to condemn it under the g-ene-
ral title of 'Pacispyiu, that base craft, and gain that is gotten
by imposture in any kind, for which the bishop in the Con-
stitutions is required to debar men from making- their obla-
tions at the altar.*
And to this head may be reduced the selling of that, to
which the seller himself has no just title; as the selling of
fugitive slaves belonging- to another master, which the law
forbids,- both because it is a sort of plagiary in (he seller,
and an imposition upon the buyer, and an encouragement
to the slaves to rob and pillage, and desert their proper
masters. Such is also the selling things of no real worth,
but a mere fraud and imposture; as, the taking money for
calculating nativities, and telling of fortunes, and divining
for things lost, and many the like vain practices, which the
canons condemn, not only as curious and superstitious arts,
but as fraudulent,^ and cheating tricks, imposing upon men
by cozenage and imposture. All which, and a thousand
other ways of pillaging, oppressing, and defrauding, the
Ciiurch in her discipline censured as direct methods of com-
mitting theft and robbery.
Sect. 18. — Of abetting and concealing Robbers ; and buying stolen
Goods, &c.
But besides the direct wavs of committing- this sin, there
were several other base and disallowable practices, which
virtually and by just construction might be interpreted theft,
as the harbouring, abetting, and concealing robbers ; buy-
ing of stolen goods ; leading an idle life, without any law-
ful vocation; spending in prodigality or unlawful gaming,
that, which was designed for the maintenance of others
All which either the laws of Church or state censured as so
many indirect ways of encouraging or committing robbery.
' Constlt. lib.iv. cap. 0. * Cod. .Fustin. lib. ix. tit. xx.
*d Legem Fabiam dc Pla<Tiar. Icfj. (\ ^ ton. Trull, can. 61.
CHAP. XII.] CHRISTIAN CHURCH. 427
The laws of the state laid a severe penalty upon all, that
sheltered any criminals in any kind whatsoever. Valeiiti-
nian in one law condemns them as associates with the cri-
iT.inals,! and makes them liable to the same piinisiimont. In
another law he [)arti( iilarly condemns such as harbour rob-
bers and screen them from public justice ; making- them^
liable either to corporal punishment, or confiscation of all
their goods, according- to the quality of their persons. And
if any agent or steward sheltered them without his lord's
knowledo-e, he was to be burnt alive. There is another law
of Marcian to the same effect in the Justinian Code,^ shewing-
how men are to be treated, who entertain robbers, and use
force to protect and defend them.
The}- who bought stolen goods, knowing them to be such,
were also deemed guilty of partaking in the theft, because
this w^as an encouragement to robbers, and a sort of appro-
bation of them. St. Chrysostom,* and St, Austin,^ make
this remark upon those words of the Psalmist, " When thou
sawest a thief, thouconsentedest unto him," that to shew a
liking to the thief, is the same thing- as committing the rob-
bery. And certainly none can shew a g-reater liking- to him,
than he, who for a little filthy lucre gives encouragement to
him by trafficking and negotiating with him, as some critics
observe the Arabic translation literally renders the phrase of
the Psalmist, There is but one case in which the casuists
allow men to buy of a known thief, and that is when he can
do it for a small matter with an intent to restore what is
stolen to the true owner. For in that case he intends not
the encouragement of the thief, but the interest and advan-
tao-e of the just proprietor. And for this they allege the«
» Cod, Th, lib. ix. tit, xxix. leg, 1. Eos, qui secum alieni crlminis reos
oeculendo sociftrunt, par atque ipsos reos poena expectet. . * Ibid,
leg. ii. Latrones quisquis sciens susceperit, vel offerre judiciis suporsedt-rit,
suppUcio corporali, aut dispendio facultatum, pro qualilate persome ex
judicis ffistimatione plectatur. Si vero actor, sive procurator domino igno-
rante occultavcrit, et judici offerre neglexerit, flammis ultricibus coiicreme-
tur. * Vid. Cod. Justin, lib. ix. tit. 41. De his ([ui lalroues
occultaverint. leg. 2. ^ Aug. in Psal. xlix. torn. viii. p. I94-,
^ Chrys. in Loc. torn. iii. p. 301. * "Vid. Lessium de Jure et
Justit. lib. ii. cap. xiv. p. 171.
428 THE ANTIQUITIES 01- THE [bOOK XVI.
known rules of tlie civil law. But in all other cases to ne-
gotiate with thieves is to partake in their sin, and to encou-
rag-e and strengthen them in their subsequent villanies.
Therefore this and all other ways of partaking and co-ope-
rating with thieves, of which there are various methods
noted and summed up l)y the doctors,' in the schools,* were
anciently computed in the general account of theft and
fraud, and accordingly punished with ecclesiastical cen-
sure.
Sect. 19. — Idleness censured as the Mother of Robbery.
Neither was it only the associating and partaking with
robbers, which they thus condemned, but all such unlawful
vocations, or rather want of vocation, as put men in a man-
ner upon the necessity of stealing, and having- recourse to
fraud and violence, as the only support of a dissolute life.
Idleness they esteemed the mother and nurse of theft, and
a life without employment as no better than that of a com-
mon robber : because men of that character were only
fruges consmnere nati, horn to devour that lohich of right
belonged to others. Therefore the laws both of Church and
state are very severe against all such. There is a law of
Valentinian Junior, in the Theodosian Code,^ against young-
stout, lusty beggars, who being slaves or freedmen able to
work, yet lied from their masters to Rome, to skulk in
corners, and live as drones upon false charity: whom he
orders to be examined, and if they were found able to work
they should either become the possession of the informer,
who discovered them, or Tie returned to their original mas-
ters, who had a good action in law against any, who either
harboured such fugitives, or by their counsels instigated
them to desertion. Justinian inserted this law into his
Code likewise,'* and set forth a new edict of his own to (he
' Aquin. 2a. '2x. Qiiscst. Ixii. art. 7. * Jussio, consilium,
consensus, palpo, rccursus participans, mutus, non obstans, iion inanilVst-
ans. ^ Cod. Tb. lib. xiv. tit. 18. de Mendirantibus non invalj-
dis. \eg. I, * Cod. Justin, lib. xi. tit. 25. de Mt-ndicantibus
validis. leg. 1.
CHAP. Xll.J CHRISTIAN CHURCH. 420
same purpose. The Church also was very careful in this
matter, not to suH'cr stout ifUe wandering" becrg"urs to devour
the revenues of tliose, that were really intirm and poor.
U[)on this account she forbad any of her clergy to rove
about the world, or wander from one diocese to another
without letters dimissory, as some did, under the scandalous
name of Bakavn|3ot, men out of business, as I have had
occasion to show more fully in another place.* She obliged
all her monks and men of the ascetic life to live upon their
own labour. Insomuch that a monk, who did not work,
was looked upon as a thief and a defrauder, as Socrates^
tells us the Egyptian fathers were used to express them-
selves concerning" such as eat other men's bread for nought.
St. Austin wrote a whole book to prove this to be the pro-
per duty of a monk,^ to live upon his own labour, where he
answers all objections, that can be made to the contrary.
And there are innumerable passages in other ancient w ri-
ters upon the same topic, to which I have referred the reader
in discoursing upon the rules of the monastic life in a
former book.* Here I shall only add one noted passage of
St. Ambrose, where he gives rules and directions for dis-
pensing charity with prudence only to such as really want it.
There ought to be, says he,'' a due measure observed in
liberality, that our charity be not useless: and this mode-
ration is chiefly to be regarded by bishops and priests, that
they do not dispense, the Church's treasure, to importunate
beggars, but as the justice and necessity of the case requires:
for none are commonly more greedy in their petitions than
such as those. Many come a beg-ging, who are lusty and
strong; many come, who have no other reason, but an idle
vagrant humour ; who would evacuate the subsidies of the
poor, or empty their chests, and consume what is laid up
for their maintenance : neither are they content w ith a little,
but require great largesses ; they appear as gentlemen in
their dress, and make that a means to promote their petition.
' Book vi. chap. iv. sect. 5. * Socrat. lib. iv. cap. 23.
■ Aug. de Opere Monachoruin. cap. 17, &c. * Book vli.
chap, iii.iect. 10. * Arabros. de Offic. lib. iv. cap. 16.
430 THE A>TIQUITIES OP THE [BOOK XVI.
and pretending" to he men of g"ood birth, they make use of
that as an argument to gain a greater contribution. If any
one is too easy in o'ivinji- credit to such as these, he will
quickly defeat those useful methods, which are taken for the
maintenance of the poor. Therefore a moderation is to be
observed in giving; that neither such may be sent away
empty, if really in want ; nor the livehhood of the poor be
turned into another channel, to become a spoil and prey to
the frauds of the crafty. It is plain from such accounts as
these, that they looked upon an idle life as no better than
living upon the spoils of the poor, and a robbery of the
worst sort; because it often joined fraud and cruelty to the
theft, making use of false pretences to divert the current of
men's charity from the widow and the fatherless, and turn it
to themselves ; who had no necessity but what they volun-
tarily made to themselves, either by their idleness, or luxu-
rious and prodigal way of living: the supporting of which
was an arrant theft and robbing- of the poor, which is the
height and extremity of cruelty and oppression. And there-
fore as the laws of the state made idleness in vagfrants an
actionable crime, A'pyiag Sticrj the law itself terms it: so the
rules of the Church brand it as an infamous way of living,
and worthy of ecclesiastical censure.
Sect. 20. — And Gaming, as an Occasion of Fraud, and Ruin of many
poor Families, wlio by these Means were reduced to the greatest Exi-
gence.
To this they added gaming, as another way of cheating
and defrauding; and that in a double respect, because men
thereby were inclined to cozenage and deceit, and often
ruined their famihes, who by this means were reduced to
the greatest poverty and want by the dissoluteness and foil}'
of a wicked parent. There might be many other reasons
for declaiming against this vice, as that it is a reproachful
way of dissolute living, and spending men's time in luxury,
condemned by many wise and sober heathens; that the old
Roman laws punished gamesters with banishment, and many
other severe penalties ;* that gaming inclines men to many
' See Bishop Taylor. Duck. Dubit. book iv. chap. i. p. 776.
CHAP. Xn.] CHRISTIAN CHURCH. 431
I
^reat and horrible vices, as covctonsness, perjury, lying,
cursing- and swearing-, anger and passion, quarrelling and
murder, and rioting' and intemperance of all sorts : but I
consider it here only as attended with the evil effects of
fraud and consumption of men's estates, which involves
many poor families in ruin, in which notion it is a down-
right theft and robbery. And as such it was anciently pro-
hibited by the rules of the Church, not only to the clergy,
but the laity also. " If any bishop, presbyter, or deacon,"
says one of the Apostolical Canons,* " spend his time at dice
or in drinking, let him either refrain or be deposed." And
the next canon adds, " if any subdeacon, reader, or singer
do the like, let him be excommunicated, and laymen also."
And so the Council of Eliberis separates all gamesters in
general from the communion.^ " If any Christian, play at
dice or tables, let him be restrained from communicating ;
but if he leaves off and amends, after a year's penance he
may be reconciled." Albaspinajus thinks the reason of the
prohibition was,^ because the dice had the images of the
heathen gods, as Venus, &c. imprinted on them instead of
numbers, and that men in their play called upon them for
good fortune : but if so, I conceive, a greater penalty would
have been imposed upon them, as upon idolaters, by this
Council. Therefore it is more reasonable to suppose, that
the Council considered gaming as a mispending of men's
useful time, and consumer of their fortunes, and destruction
of their families, and an inlet to fraud and covetousness, and
all the forementioned vices; and under that notion, con-
demned such as made a trade and business of it, and not a
diversion. Upon this account St. Ambrose pronounces*
the gain that is got by dice and gaming to be no better
than theft, or unmerciful and griping usury, and that the
man, who gives himself to it, leads the life of a savage
wild beast. And Justinian made a law,* that no one should
' Can. Apost. 42. al. 35.
* Con. EUber. can. 79. Si quis fidelis alea, id est, tabula luserit, placuit
eum abstiuere : et si emendatus cessaverit, post annum poterit reconciliari.
' Albaspin. in Loc. * Ambros. de Tobia. cap. i.
^ Cod. Justin, lib. iii. tit. 43. de Aleaforibus. leg. i. Victum in aleaelusu non
432 THE ANTIQUITIES OF THE [rOOK XVI.
be oblig-ed to pay what he lost at dice ; or if he had paid it,
he or his heirs might recover it at law of the winner or his
heirs for thirty years after and longer. Or, if he did not re-
claim it, any one else might do it, or the chief magistrate
of the city, the defensor, might exact it, and lay it out
upon some public work or building for the use of the city.
And in such games, as were permitted,* he allowed the
richest to play for no more than one shilling, and
others only in proportion to their substance. And this
was a very wise law, considering the complaint, which
St. Jerom makes,^ that whilst men play for vast sums, and
stake their whole estates at once, the poor stand naked and
hungry before their doors, and Christ perishes and is starved
to death in his poor members for want of their relief. Nay
many times their own flesh and blood, their families and re-
lations are ruined by their folly in one night, And what
character or punishment could be thought too bad for such'?
"He that provides not for his own, and especially those of his
own house, has denied the faith, and is worse than an infi-
del." And for this reason both the civil and ecclesiastical
laws were so severe against dice and gaming, because of
such evil consequences so commonly attending them, when
they are undertaken for undue ends, and pursued by false
measures, only to serve men's fraud and tiltliy lucre. Other-
wise, to play yepovTix(og, as old men used to play, for diver-
sion, and not for lucre,' is what wise and good men have
always innocently done without any reproach or censure.
And so I have done with the several sorts of theft and rob-
bery, which are great transgressions of the eighth com-
mandment; by which we may judge of the mistake of those,
who confine the discipline of the Church to the punishment
of three capital crimes, idolatry, adultery, and murder : for
it will be hard to bring theft under any of those denomina-
posse couveniri: et si solverit, habeie rcpetitioncm tain ipsuni quam hsercdes
t'i adversus victorcm et ejus liairedes, idque perpetuG et etiam post triginta
annos. &c. • Vid. Ibid. leg. 2. * Hieron. Ep. xii. ad
Gaudentiuin. Posita diim liiditur area, stat pauper nudiis atqiie esuriens ante
fores, Christusque in paiipcrc moritiir. * See Bisliop Taylor.
Duct. Dubit. book iv. chap. i. p. 776.
CHAP. Xril.] CHRISTIAN CHURCH. , 433
tions, unless we say all theft is covetousness, nnd covetous-
ness is idolatry. But in that larg-e sense of idolatry, which
is serving" our own affections more tlian God, not only covet-
ousness, but adultery and murder will be idolatry also. And
then all crimes rnig-ht be resolved into one, and the Church
had nothing- to do but to punish one crime under different
species of adolatry : which does by no means rightly explaiq
her discipline, which makes idolatry a distinct crime against
a command in the first table of the decalogue, as disobe-
dience to parents, adultery, murder, and theft, are against
the second table ; and according to this order I have hither-
to considered them in this discourse.
CHAP. XIII.
Of great Crimes against the Ninth Commandment, False
Accusation, Libelling, Informing, Calumny and Slander ,
Railing and Reviling, Sfc.
Sect. 1. — Of False Witness.
The intent of the ninth commandment is to secure our
neighbour's credit from injury by spreading false reports
concerning him to the prejudice of his good name and re-
putation. This is sometimes done in a public manner, by
bearing false witness against him : and then it is adding
perjury to the calumny, and sometimes theft and murder
also: for it may affect not only his credit, but his fortune,
and his life too ; as it did in the case of Naboth, who was
stoned to death upon a false accusation, " Naboth did blas-
pheme God and the king." A nd so our Saviour and many of
his disciples after him, suffered by the malicious and false
imputations of their enemies, the Jews and Heathens. The
greatness of the crime in these respects has been already
shewn under the several titles of perjury, theft, and mur-
der: here I only consider it as an injury to men's reputation,
which being a thing dear and valuable to all men, the laws
VOL. VI. 2 F
434 THE ANTIQUITIES OF THK [BOOK XVI.
were very careful to secure men in the quiet enjoyment of
it, and pupish all base attempts to ruin and destroy it. Aulus
Gellius tells us,^ the punishment of false-witness among
the Romans, by the law of the twelve tables, was to cast
the criminal head-long- from the top of the Tarpeian Rock :
and he thinks, if this punishment had continued, it might have
been of great service to the Roman commonwealth, in de-
terring men from the commission of this crime by its just
severity. Afterward by a law, called the Lex Remmia^
false witnesses were burnt in the face, and stigmatized with
the letter K, denoting them to be calumniators or false ac-
cusers. In opposition to whom the law calls honest men,^
homines ijitegi'ce frontis, men without any such mark set
upon them. This law and punishment is often mentioned
by the Roman writers, Tully,* Pliny,^ and others.® And
though the Christian law abolished it, as it did that of the
cross and some others, yet still false accusation and calumny
were corrected with suitable punishments, such as infamy,
banishment, and suffering the same evil, by the law of re-
taliation, which the false accuser intended to draw upon
others; as appears from several laws in the Imperial Codes,'
and particularly those, which bind the accusing party to un-
dergo the same punishment, which his false accusation
tended to bring upon the supposed criminal, if he did not
make good his charge against him. We have already seen*
a law of Valentinian and Gratian, ordering, that whoever
impleaded another either in regard to his fame and reputa-
' Gcll.Noct. Attic, lib. xx. cap. 1. An putas, Favorine, si non ilia etiam
ex duodecim tabulis dc testimoniis falsis poena abolevisset: et si nunc quo-
que, ut antea, qui falsuni testinioniuni dixisse convictus esset, e Saxo Tar-
pcio dejicerelur, mentituros fuisse pro testimonio tarn muUos, quani vide-
mus? * Digest, lib. xlviii. tit. 16. adSenatus-consultum
Turpillianum. leg. i. Calumniatoribus poena lege Reminia irrogatur.
' Digest, lib. xxii. tit. 6. de Testibus. ley, xiii. Testimonii fides, quod in-
tcgrac frontis homo dixerit, &c. ♦ Cicero Orat. ii. pro Roscio. n.
Iv. et Ivii. * Plin. Panegyric, p. 106. « Vid. Demster. Addit.
ad Rosin, lib. ix. cap. xvi. p. 1617. ' Cod. Theod. lib. ix. tit. 39.
de Calumniatoribus. leg. j, ii, iii. lib. xvi. tit. 2. de Episc. et Cler. leg. xxi.
Cod. Justin, lib. ix. tit. 46. de Calumniatoribus. leg vii, et viii, ix. x.
■ Chap. xii. sect. 15.
CHAP. XIII,] CHRISTIAN CHURCH, 435
tion, or his fortune, or his life, should undergo the same
penalty he intended to bring- upon the party so impeached,
if he proved a calumniator, and did not fairly make out his
action. And every accuser was tied in bonds, which the
law calls,' vinculum inscrijjtionis, to suffer a retaliation, or
similitude of punishment, upon failure of evincing- his
charge against another. Such care was taken by the secu-
lar laws to discourage delators or false informers, and pre-
serve the fame and reputation of innocent men against the
vile attempts of such dangerous aggressors. Nor were the
ecclesiastical laws less severe in their way against such
transgressors. The false witness in any case was to do pe-
nance five years for his crime by a canon of the Council of
Eliberis.^ And this, provided it was not in the case of death.
For in that case, being the crime of murder, the criminal
was to be debarred from communion to the very last, as has
been shewn before in speaking of murder.^ The Councils*
of Agde and Vannes impose a general penance upon such
offenders, without naming the term or duration of their pe-
nance, which was left to the discretion of the bishop, who
was to judge of the sincerity of their repentance. But the
first Council of Arles^ obliges them to do penance all their
lives :^ and the second only moderates their punishment so
far as to leave it to the bishop to determine of their repent-
ance and satisfaction.
' Cod. Theod. lib. ix, tit. 1. de Accusationibus et Inscriptionibus.leg.'Q,
11,14,19. ® Con. Eliber. can. Ixxiv. Falsus testis prout criman est
abstinebit; si tamen non fuerit mortis quod objecit, Et si probaverit quod
diu tacuerit, biennii tempore abstinebit. Si autem non probaverit in con-
▼eutu clericorum, placuit per quinquennium abstinere. * Ciiap. x.
sect. 9 and 10. * Con. Agathen, can. xxxvii. Censemus homicldas et
falsos testes a, communione ecclesiasticil submovendos, nisi pocnitentise sa-
tisfactione crimina admissa diluerint. Vid. Con. Veneticum. can. i, in the
same words. And Con, Carthag. iv, can. 65. * Con. Arelat. i, can.
14, De his qui falso accusant fratres suos, placuit, eos usque ad exitum non
coromunicare, &c. ^ Con. Arelat. ii, can, 24, Eos qui falsa fratribus
capitula objecisseconvicti fuerint, placuit, usque ad exitum non communicare
(sicut magna synodas ante eonstituit) nisi digaS satisfactione poenitueiint.
2 F 2
436 THE ANTIQUITIES OF THE [BOOK XVI.
Sect. 2.— Of Libelling.
Another way of injuring- men's credit and reputation was,
by spreading false reports in a covert and clandestine man-
ner, which the law calls libelling-. This was done, when
a man was accused by a bill of indictment, to which the
author was afraid to set his name. And such accusations
were of no force in law, but were appointed to be torn in
pieces or burnt; and no man might read, or retain, or
divulge them, without being- reputed the infamous author
of them. The Christian Emperors were extremely careful
m discouraging- all such base attempts upon men's credit
and reputation, as may be seen in the several laws of Con-
stantine, Constantius, Valentmlan and Valens, Theodosius
and Arcadius, in the Theodosian Code, under the title, de
famosis libellis. It will be sufficient to repeat one of them
made by Valentinian in this tenour :^ " the very name of
scandalous libels is infamous. Therefore whoever collects,
or reads them, and does not immediately commit them to
the flames, shall be liable to be condemned to a capital
punishment." B\^ which it is easy to judge how infamous
the authors of such libels were, since none were allowed so
much as to read and retain them with impunity, but were in
danger of being proceeded ag-ainst as the suspected authors
of them. The Ecclesiastical Law made the authors and
publishers of all such pasquils, when detected, liable to
excommunication. For so the Council of Eliberis words it
in one of her canons :^ " if any are found to have scattered
or dispersed infamous libels in the Church, let them be
anathematized."
Sect. 3. — Of Detraction, Whispering, and Backbiting.
Another sort of secret defamation was that, which was
• Cod. Th. lib. ix. tit. 3-i. de Famosis Libellis. leg. 7. Famosorum in-
fame est noincn lihelloruni. Ac si quis vel coUigeiidos, vel legendos puta-
Terit, ac non statim cliartas igni consunipserit, sciat se capitali sententifi
subjugandum. * Con. Eliber. can. 52. Si qui inventi fue-
riat libellos famosos in ecclesifi ponerc, analhcmatizentur.
CHAP. XIII.] CHRISTIAN CHURCH. 437
coramitte.d by the detraction of the lurking- whisperer and
backbiter: against whose venomous tongues St. Austin is
said to have endeavoured to guard his own family and con-
versation, by causing" these two verses to be ^vritten upon
his table: —
Qiiisquis amat dictis absenium rodere vitam,
Hanc vieiisam indignum noverit esse sibi.
" He that takes delight in lessening- the characters of the
absent, is no welcome or worthy guest at this table." This
he did, to admonish every one, that came there, to abstain
from defamatory discourse and detraction. And Possidius'
says, he was so strict and punctual in the observation of
this rule, that he would sometimes sharply reprove his most
familiar acquaintance and fellow-bishops for forgetting- and
transgressing it ; telling them, that either those verses must
be erased from his table, or he must withdraw and retire to
his private apartment. This was a sort of private discipline,
like that of St. Austin's mother denying him the privilege
of sitting- at her own table, whilst he was a Manichee ; and
it w'as a very proper wa^ of discouraging all evil-speaking
and detraction ; but I do not find that this crime was
brought under public discipline by any general rule of the
Church. And the reason might be, what St. Jerom observes,
that the sin was too general and epidemical to be publicly
corrected.^ " For there are very few that have wholly re-
nounced this vice; and it is a rare thing to find any so
carelul to make their own life unblameable, not to be willing
to find fault with others. Yea, so great a propensity is
there in men's minds towards this evil, that they, whoarefar
removed from other vices, fall into this as the last snare of
the devil."'
'Possid. Vit. Aug-, cap. xxii. '^ Hieion. Ep. xiv. ad Celan-
tiam. Pauci admodum sunt, qui liuic vitio renuncient; raroquc invenics qui
ita vitam suam irreprehensibilem exhiberc veliiit, ut uoii libonter n-prelien-
dant alienain. Tantaque hujus mali libido meiites hominuin invasit, ut ctiam
qui procul ab aliis vitiis reccsberunt. in islud lanquaru in cxirtinuin diaboli
laqueum incidant.
438 THE ANTIQUITIES OF THE [boOK XVI.
Sbct. 4.— Of Railing and Reviling, or scurrilous and abusive Language :
and of revealing Secrets.
But when this detraction broke out into open slander and
calumny, and especially when it was attended with con-
tumelious, bitter, and reproachful words, with railing and
reviling, and scurrilous and abusive language ; then, as it
was matter of public scandal^ so it became the subject of a
public censure, for St. Paul puts railers and revilers into the
numbers of those, who are neither fit for the society of
men, nor the kingdom of God. 1 Cor, v. 11. "I have
written unto you, not to keep company, if any man, that is
called a brother, be a fornicator, or covetous, or an idolater,
or a railer, or a drunkard, or an extortioner, with such an
one, no not to eat." And again, 1 Cor. vi. 9, 10. " Be not
deceived: neither fornicators, nor idolaters, nor adulterers,
nor efieminate, nor abusers of themselves with mankind,
nor thieves, nor covetous, nor drunkards, nor revilers, nor
extortioners, shall inherit the kingdom of God." And there-
fore the Church, following* this rule, reckoned slanderous
railing and scurrility among the crimes, that deserved ec-
clesiastical censure. Insomuch that a clergyman, who
was noted for scurrilous and scoffing language, is ordered
by the Council of Agde to be degraded.' And the same
canon occurs in the fourth Council of Carthage,^ with some
others of the like nature; as if he be given to railing,^ or
revealing of secrets to the infamy and disgrace of others.
Upon this latter case, of defaming men by divulging* un-
necessarily their secret crimes,* St. Austin has a whole
discourse, where he particularly says, that he, that rebukes
a man publicly before all, when his crime is known to none
but himself alone, is not a reprover, but a betrayer. He
reminds such of the example of Joseph, who, finding the
• Con. Agathen. can. Ixx. Clericura scurrilem et verbis turpibusjocula-
torera ab officio retrahendum. * Con. Carth. iv. can. 60.
^ Ibid. can. 67. Clericus maledicus, niaxirae in sacerdotibus, cogatur ad
postulandam veniam. Si nohicrit, degradctur. It. can. 66. Clericus, qui
adulationibus vt proditionibus vacare deprehenditiir, ab officio degradetur.
* Aug. Serni. xvi. dc Verbis Domini, torn. x. p. 29. Si solus nosti quia
CHAP. XIII.] CHKI8TIAN CHURCH. 43D
holy virg-in to be witli child, and suspocting" her to be guihy
of fornication, yet being* a just and good man, was
minded to put her away privily, and not make her a pubHc
example. And he adds,' that bishops were wont thus to
proceed with private criminals in the Church. " A bishop
knows a man to be guilty of murder, and the thing- is known
to none besides himself. If in this case I should reprove
him publicly, some other would take the law upon him.
Therefore I neither betray, nor neglect him : I reprove him
in secret, I set before his eyes the judg-ment of God, I ter-
rify his guilty conscience, I persuade him to repentance." So
again, says he, " there arc some men, that are adulterers in
their own houses, they sin sometimes in private, and they
are discovered to us by their own wives, sometimes in zeal
and fury, sometimes in mercy, desiring the salvation of their
souls. Now in this case we do not betray them openly,
but rebuke them in secret. Where the evil is committed,
there it dies : yet we do not neglect that wound, but before
all thing's shew the man, that has committed such a sin, and
wounded his conscience thereby, that his wound is mor-
tal." By this discourse of St. Austin, it seems clear, that the
Church brought no private crimes under public penance,
except when the guilty person consented to it and required
it : and to do otherwise was an high crime in the minister,
who was charged, for any such attempt, as a divulger of se-
crets, and betrayer of his trust, and one that brought an un-
necessary defamation and scandal upon his brethren.
Sect. 6. — Of Lying. How far it brought Men under the Discipline of
the Church.
Thus fi\T the discipline of the Church proceeded against
all defamatory and pernicious lying. But there are some
peccavitin te, et eum vis coram omnibus arguere, non es correptor, sedpro-
ditor. > Ibid. Novit enim nescio quern horaicidamcpiscopus,
et alius ilium nemo novit. Ego ilium volo public^ corripere, at tu qu:rris
inscribere. Prorsus nee prodo, nee ncgligo: corripioin secreto ; pono ante
oculos Dei judicium, terreo crucntani conscientiain, persuadco pocnitentiara.
440 THE ANTIQUITIES OF THE [BOOK XVI.
other sorts of lies, as the ludicrous lie, and the officious lie,
which, thoug-h culpable and sinful in themselves, were not
so severely pursued by ecclesiastical censures. TertuUian^
reckoning up those lesser sins, which were not publicly
punished by penance in the Church, puts lying out of
modesty, or necessity, among them. And Origen raakes^
lying one of those sins, which were incident to those,
who had made the greatest proficiency in the Church.
Some indeed pleaded for officious lies, as not only innocent
and lawful, but in some cases useful and necessary: as if it
were to save the life of an innocent person, a man ought in
that case, rather to tell a lie, than to betraj' him to death.
But St. Austin disputes against this sort of officious lies
also, and shews them to be culpable and sinful ; arguing, that
a man ought neither to betray an innocent person, nor tell a
lie to save him, but to venture his own life, by professing
roundly, that he will neither lie for him, nor discover him.
And he gives a rare instance of this sort of fortitude in one
Firmus, bishop of Tagasta, who according to what the
Greeks call Pheronymy^ <l>epa;vujuia, carried firmness in his
name,^ and firmness in his resolution. For when one of
the Heathen Emperors had sent his apparitors to search
for a certain person, whom he had hidden, he told them
plainly, he could neither tell a lie, nor betray the man ;
and though they put him to the rack, and tortured him
to make him confess, yet he persisted in his resolu-
tion not to discover the man that was fled to him for
safety and protection. Whereupon he was carried be-
fore the Emperor himself, where he gave such admi-
rable and fresh proofs of his firmness, that the Emperor
without any great difficulty was prevailed upon to pardon
the man, whom he kept in private under his protection.
This was a singular instance of heroic gallantry, rather to
* Tertul. de Pudicit. cap. xix. '^ Orig. Tract, vi. in Mat. p. 60. See
before, chap. iii. sect. xiv. * Aug. de Mendacio ad Consentium. cap.
13. Firmus nomine, fiimior voluntate — respondit quairentibus, sc nee
mentiri posse, ncc lionunena proderej passusque inulta torraenta corporis
perniansit in sentcntiS, &c.
CHAP. XIII.] CHRISTIAN CHURCH. 441
run the hazard of his own hfe, than tell a lie to save ano-
ther from destruction. But the discipline of the Church did
not run thus high, to oblige all men to come up to this de-
gree of veracity under pain of excommunication. It was
sufficient to cncourag-e truth and ingenuity in all cases, and
punish falseness and perfidiousness in all notorious instances
of mischievous evil : but in other cases it was no blemish
to the discipline of the Church to suil'er some sort of more
pardonable lying- to pass without the animadversion of the
highest censure, so long as they gave no encouragement to
it, but condemned it universally as a lesser instance of trans-
g'ression. To this purpose St. Austin says in another place,*
there are two sorts of lies, in which there is no great fault,
and yet they are not wholly without fault, that is, when we
lie in jest, and when we lie for the advantage of our neigh-
bour. In this latter case, he thinks, a man may honestly
conceal the truth by silence, but he must not upon any ac-
count speak false, or tell a lie. For that will not consist
with the perfection of a Christian. Therefore if he would
not betray a man to death, he must prepare himself to con-
ceal the truth, but not to speak false f so as that he may
neither betray the man, nor tell a lie ; lest he destroy his own
soul to preserve the life of another. As this shews the per-
fection of the Christian morals, so it equally declares the
abatement that was made in the discipline of the Church, in
reference to such officious lies as were extorted from men
upon some extraordinary charity ; which though it did not
wholly excuse the sin, yet it made it so far tolerable, as not
to incur the severity of public discipline, but come within
the number of those lesser sins, which did not ordinarily
fall under the greater censures of the Church.
In all other cases, where lying was attended with mis-
• Aug in Psal. v. p. ii. Duo sunt omnino genera mendaciorum, in quibus
non est magna culpa : sed tamen non sunt sine culpfi, cum aut jocamur, a«t,
ut proximis prosiiiius, nientimur. - Ibid. AJiud est meiitiri ;
aliud, verum (Aicultave : ut si quis forte vel ad istam visibilem mortem iinn
vult hominem prodcre, paralus esse debet vcrum occultare, non lalsum di-
cere ; ut neque prodat, neque menliatur; ne occidat animam suam pro cor-
pore alterius. Vid. Con. Tolet. viii. can. 2. et Gratian. caus '22. qusest.
442 THE ANTIQUITIF.S OF THE [BOOK XVI.
cliievous and pernicious effects, it was punished according"
to the proportion of those crimes that accompanied it. As
we have already seen in the case of false witness, libelling",
slandering, railing and reviling. And when it implied any
fraud, or equivocation, or double dealing in matters of reli-
gion it was punished as apostacy or perjury, as we have
seen in the case of the Libellatici,* who either denied their
religion in writing, or purchased libels of security from the
magistrate, to excuse them from sacrificing ; and those, who
feigned themselves mad to avoid a prosecution: both which
sorts of men the Church condemned as idolaters, and as
guilty by their dissimulation and cowardice of betraying
their holy religion. The Priscillianists were likewise infa-
mous for this character and abominable practice of equivoca-
tion. For they taught their disciples this base art of dis-
sembling, and concealing their vile practices by lies and
perjury;^ giving them this direction, as one of their rules
and instructions in cases of danger: swear, and forswear,
and never discover your secrets. How much more laudable
and commendable is the rule given in this case even by the
Heathen Satyrist,^ which deserves to be written in letters of
gold ! " If ever you are called to be a witness in a doubtful
matter, though Phalaris himself should command you to
speak false, and threaten to burn you in his brazen bull,
unless you will forswear yourself; in that case reckon it the
greatest villany to prefer life before truth and honesty, and
for the sake of living to forego those things, which are the
only true reasons of living, that is, probity, integrity, and a
good conscience, for which end men are born and sent into
the world by the providence of God." This rule is often in-
• Chap. iv. sect. G and 7. * Aug. dv Ihercs. cap. Ixx. Propter
occultiindas autnn contaniinationes el turpitudiiies suas, habeiit in suis
doginatibus it luce verba, jura, perjura, secretuin prodere noli.
* Juvenal. Sat. viii; ver. 80.
AmbigusE si quando citabere testis, g
Incertieque rei, Phalaris licet iniperat, ut sis
Falsus, et adnioto <lictet prijuria tauro ;
Suinmum credc ncfas aniniam prxferre pudori,
Et propter vitam Vivendi pcrdere causas.
CHAP, XIV.] CHU16T1AN CHURCIl. 443
culcutetl by the heathen moralists, Marcus Antoninus, Epie-
tetus, 8eneca, and Phitarch: whicli nnatle it the more rea-
sonable for the Christians to insist upon it, and punish the
crimes of perjury and falseness with the severest of ecclesi-
astical censures, whenever they could ]>lainly convict any
one of being" guilty of them : and when they could not, the
providence of God commonly interposed, and discovtired
and punished them by some remarkable divine judgment.
Of which, beside the case of Ananias and Saphira in Scrip-
ture, we have a memorable instance in Eusebius of three
men,' who combined tog-ether in a false accusation of Nar-
cissus, bishop of Jerusalem, imprecating- upon themselves
very direful judgments, which the providence of God justly
brought upon them; of which because I have given a full
relation before,- I need say no more in this place.
CHAP. XIV.
Of great Transgressions against the Tenth Commandment,
Envy, Covetousness, Sfc.
Sect. I. — Whether Envy brought Men under the Discipline of the (Jhurch.
There is but little to be observed in the ancient disci-
pline of the Church concerning- the transgressions against
this commandment : because, though some of them w ere
great crimes, yet they were such as chiefly consisted in the
internal corruptions of the mind ; and the Church could take
no notice of them, till they first discovered themselves in
some outward actions. Envy was a crime of that nature :
it was always reckoned a diabolical sin, and one of the first
magnitude: but yet before it could bring a man under public
discipline, the inward rancour of the heart must betray itself
in some outward, apparent, and visible action. In this sense
' Euseb. lib. mu cap. 9. * Chap. vii. sect. 6.
444 THE ANTIQUITIES OF THE [BOOK XVI.
we are to understand St. Chiysostom,^ when be says, the en-
vious man ouerht to be cast out of the Churcb as well as the
fornicator, to preserve others from the contagion and poison
of bis example. That is, vvlien envy shews itself in any of
those mischievous effects, which naturally arise from it, and
turn to the apparent detriment of men or religion. For as
Cyprian observes,^ envy is a very prolific vice, multiplying
itself into various shapes and figures : it is the root of all
evils, the fountain of destruction, the seminary of sins, and
the matter of all offences. Hence proceeds hatred, hence
animosity arises. Envy inflames covetousness, making- a
man not to he content with his own, whilst he sees another
richer than himself. Envy excites ambition, whilst a man
sees another in greater honour than himself: envy blinds
our senses, and reduces the interior fiiculties of tlie soul un-
der its power and dominion. Then the fear of God is
slighted, the precepts of Christ are neglected, the day of
judgment is not thought of. It puffs us up with pride, it em-
bitters us with cruelty, makes us prevaricate with perfi-
diousness, shocks us with impatience, enrages us with
discord, inflames us with anger : and a man cannot
contain or govern himself, who is now under the power
of another. By this means the bond of divine peace
is broken, brotherly charity is violated, truth adulterated,
unity divided, and heresies and schisms take their original ;
whilst men disparage the priests, and envy the bishops, and
every one complains that he himself was not ordained, or takes
it in dudgeon that another was preferred before him. When
envy was attended with any such efieets as these, then it fell
under the cognizance of public discipline; not as it was an
inward corruption of the mind, but as it discovered itself in
some outward and vicious action, as open dissension, or he-
resy, or schism, or the breach of unity and peace, ecclesiasti-
cal or civil: which crimes being the subject of Church-cen-
sure, so far as envy was concerned in any of them, so far it
might be said to be punished by the public discipline of the
' Chrys. Horn. xli. in Mat. p. 3b3. " Cj pr. de Zelo et LWore. p. 'i2S,
CHAP. XIV.] CHRISTIAN CHURCH, 445
Church, hut. no otherwise, for want of sufficient ground to
proceed in a legal way of evidence against it. But yet this
bitter root gave but too many occasions to the Church to
punish it in other species; being one of those sins that could
not contain itself or long lie hid, having a train of other vices
commonly attending' it, according' to the observation made
by Cyprian, and long before by St. James ; " for where en-
vying and strife is, there is confusion and every evil work."
Sect. 2. — Of Pride, Ambition, and Vain-glory.
The like is to be observed of pride, ambition, and vain-
glory. These were great sins in their own nature: but be-
ing internal and spiritual sins in their kind, the discipline of
the Church could take no notice of them, till they discovered
themselves in some enormous, outward vicious actions. As
when pride drew men into blasphemy against God, or op-
pression of men when ambition or vain glory made men
factious and turbulent in the Church, and pushed them for-
ward into open heresy or schism : then was the proper time
for the Church to take her spiritual sword into her hand, and
make use of her censures for their correction. Thus w^e
have seen the pride of A.ndronicus corrected by Synesius,
bishop of Ptolemais,* when it brake forth into open blas-
phemy against Clirist: and thus all along heretics and
schismatics found their punishment, when their ambition
and restless spirit proceeded so far, as to make some open
breach upon the faith or unity of the Church. But in these
cases, pride was rather punished in other species of sin,
blasphemy, heresy or schism ; for the censure of which the
reader must look back into the former parts of this book.
Sect. 8. — Of Covetousness.
The same observation is to be carried further, and made
upon covetousness, which is another of those three great
lusts that reign in the world, the lust of the heart, the lust
' Synes, Ep.68. see chap. 2. sect. 6. and 8.
446 THE ANTIQUITIES OF THE [bOOK XVI.
of the eyo, and the pride of hfe. Covetousness, which is
the lust of the eye, is always a very g-reat sin before God ;
being", as the Apostle ternos it, " idolatry, and the root of all
evil;" and even when it is only conceived in the mind, it
makes a man odious to his Maker. But because God sees
not, as man sees, for God looks upon the heart, therefore
before covetousness can render a man a proper object of the
Church's discipline, it must discover itself in some visible
act of injustice, as theft, oppression, or fraud, under which
appearances, but not otherwise, it was liable to the Church's
judgment and censure. And this is what Gregory Nyssen^
observes, that among all the species of covetousness none
were expiated by solemn penance, but such as theft and vio-
lation of graves, that is, such instances of covetousness as
manifested themselves in some outward and apparent evil
action.
Sect. 4. — Of Carnal Lusts.
And the like is to be said of the lust of the heart, or car-
nal lusts, and sins of uncleanness. Though the evil thoughts
and intentions of the heart are sinful before God, in general:
" for if I regard iniquity in my heart, the Lord will not hear
me:" and though in particular, " he that looks on a woman
to lust after her, hath committed adultery with her already in
his heart;" yet this was not punishable in the discipline of
the Church: because the Church is no judge of the secret
intentions, but only of the outward and visible actions, that
carry scandal as well as sin in them. Therefore w^e have
observed before,^ out of the Council of Neocaesarea,' that no
one was to be excommunicated for sins only in design and
intention. If a man purpose in his heart to commit fornica-
tion with a woman, but his lust proceed not into action, it is
apparent he is delivered by grace, says the canon. And
therefore though he was culpable before God, yet the
Church inflicted not the censure of excommunication on him,
' Nyssen. Kp. ad Lctoium. * Chap. iii. sect. 17- ' Con.
Neocaesar. can. it.
CHAP. XIV.] CHRISTIAN CHURCH. 447
because her discipline extended not to men's private
thoughts, but only to tlieir outward actions. And this was
the case of all transg-ressions that were purely against thi.«
command : they might be punished under other species o1
sin, but not as they were only sins of the heart, because, as
such, human judicature could take no cognizance of them.
We have now gone through the several branches of dutj
and transgression, and therein taken a full view of the ex-
tent of the discipline of the Church ; whereby it appear
that the objects of ecclesiastical discipline were not onli
the three great sins of idolatry, adultery, and murder, bu
all other crimes, that come under the denomination of scan-
dalous and great transg-ressions. And thus far the disci-
pline of the Church related to all persons in general, bu
there were some punishments peculiar to delinquent clergy
men, which because they are matter of particular inquiry, j
shall make them the subject of the following book.
END OF BOOK XVI, AND OF THE SEVENTH VOLUME IN
THE ORIGINAL EDITION.
448 THE ANTIQUITIES OF THE [BOOK XVII.
BOOK XVII.
OF THE EXERCISE OF DISCIPLINE AMONG THE
CLERGY IN THE ANCIENT CHURCH.
CHAP. I.
Of the Difference between Ecclesiastical Censures injlicted
on Clergymen and Laymen.
Sect. 1. — The peculiar Notion of Coinntunio Ecclesiastica, aud Excom-
municatio Ecdesiastica, as applied to the Clergy.
W& have hitherto taken a 'general view of the discipline
of the Clmrch, as it respected all the members of the com-
munity falling- into the several crimes deserving- excommu-
nication. But to have a complete notion and full compre-
hension of the Church's discipline, we are to consider, there
were some punishments peculiar to the clerg-y, and some
censures so particularly respecting their office and function,
that they could only be inflicted on them, and not upon lay-
men. In regard to which, clerical communion and la^-cora-
munion were always considered as distinct things ; and a
man might be deprived of the former, whilst he was allowed
to enjoy the benefit and privilege of the latter ; and even
that, which was many times a very great punishment in a
clergyman, or ecclesiastical person, was no punishment at
all in a secular person or layman. For there was no sus-
pension from office or benefit, no degradation or deposition,
no reduction to lay-communion, that could affect a layman,
as they were punishments: but all these were great punish-
CHAP. I.] CHRISTIAN CHURCH. 449
merits as inflicted on the clergy, because they deprived theni
of (hose special honours and advantageous privilegt^s, that
were peculiar to their function. In reference to which
things we sometimes find the terms Communio ecclesiastica,
and Excommunicatio ecclesiastica, ecclesiastical commu-
nion, and ecclesiastical excommunication, used in a pecuUar
and restrained sense, not for communion or excommunication
in general, but for admission to, or expulsion from these par-
ticular honours and advantages, which were peculiarly ap-
propriated to ecclesiastical persons, or such as were of the
clerical order and function. Therefore, though some canons
take suspension from ecclesiastical communion,* for suspen-
sion of laymen from the communion of the eucharist or the
prayers of the Church ; yet other canons, speaking of the
clergy and their punishment, take ecclesiastical communion
in a more restrained sense, for communicating in the offices
of the clerical function. So that a clergyman vras said to
be excommunicated, when he was deprived of the power of
exercising the offices of his function ; and such an excom-
munication does not always imply, that he was wholly cast
out of all communion with the Church, but only communion
as specified with this limitation and restriction. This dis-
tinction is noted by Balsamon,^ and Zonaras,* and many
other learned men after them :* and it is necessary to be ob-
served, for the right understanding of many ancient canons,*
where the words Ajcotvwi/Tjroc, A</)opto-ju,ocj EKKrjpuTrcff^at, which
signify excommunication, can have no other meaning, as
applied to the clergy, but only to denote their degradation
or suspension.
Sect. 2. — The Clergy usually punished by a Removal from their Office,
but not always subjected to public Penance, as Men wholly cast out of
the Communion of the Church.
This may be confirmed from an observation, that has been
' Vid. Con. Agathen. can. 87. Con. Aurel. iv. can. 19. Aurel. v. can. 17.
*Balsam. in can. xvi. Con. Nic. * Zonar. in eundem.
* Alhaspin. Observ. lib. i. cap. 2. Habert. Archierat p. 746. Suicer. The-
saur. Eccles. voce 'A^opKr/zoc- * Vid. Can. Apost. 6, 43, 46,
54, 57, 58, 59. 72.
VOL. VI. 2 G
450 THE ANTIQUITIES OF THE [bOOK XVII.
made once before in a former book,* that some ancient
canons expressly forbid the clerg-y to be punished by the
ordinary way of excommunication, which imphes a total re-
moval from the communion of the Church ; but thoug-ht it
sufficient to punish them by a removal from their office;
and that, because it was not proper to punish men doubly
for the same offence. If a bishop, presbyter, or deacon,
says one of the Apostolical Canons,* be taken in fornication,
perjury, or theft, he shall bo deposed, but not excommuni-
cated: for the Scripture says, "Thou shalt not punish twice
for the same crime." And the like rule is prescribed in the
canons of Peter/ bishop of Alexandria, and those of St.
Basil.*
Sect. 8. — Yet in some special Cases both Penalties inflicted.
Yet for some more flagrant crimes both penalties were
inflicted, as appears from the same Apostolical Canons,^
which order, that if any clerg-yman was found guilty of
simony, or any such heinous offence, he should not only be
deposed from his office, but be cast out of the Church.
And a great many learned men are of opinion," that this w as
the constant practice of the Church even in the three first
ages, when the Apostolical Canons were most in force. It
is certain it was so in the time of Cyprian : for he, speak-
ing- of Novatus, who was guilty of murder in causing his
own wife by a blow to miscarry, says, that for this crime he
was not only to be degraded, or expelled the presbytery,
but to be deprived of the communion of the Church also.'^
And in the following ages there are innumerable examples
of this practice, as the learned reader may satisfy himself
by consulting the passages referred to in the margin.^
' Book vi. chap. ii. sect. 2. * Canon. Apost. c. xxv.
' Pet Alex. can. 10, ♦ Basil, can. 3, 32, 51. » Canon.
Apost. 29, 30, and 51. « Pagi Critic, in Baron, an. Ixvii.
n. 15. Qucsnel. Not. in. Leo. Ep. ad Rustic. Narbon. Morin. de Poenit.
lib. iv. cap. 12. Fell. Not. in Cypr. Ep. iv. ad Pompon, p. 4.
» Cypr. Ep. xlix. al. 52. ad Cornel, p. 97. Propter hoc so non do presby-
terio tantum, sod et communicationc prohibere pro certo tcncbat, &c.
• Cone. Nfocaesar, can. i. Tiptaftvrefioc idv yr^fiy, Tt)C To^eioc avrbi' fitTari-
5iaGai tdv di ■7ro(H'(V(fij, ») fintxivTtj, tS.iuQe'iaOai avT6vrt\iov,ilf dyi<r9ai ai'irov
li^ fitrut'oiav. If a lyrcshytcr marries, he skaU be reniorcd from his order:
CHAP, I.j CHRISTIAN CHURCH. 451
Sect. 4. — Of Suspension from their Rovcnue».
Now tlmt, vvliich we are concerned at present to inquire
after, are tliose punishments, which particularly afl'ected the
clerg-y : and these were of three sorts ; such as respected
their maintenance, such as respected their office, and such
as respected their persons in corporal chastisement and cor-
rection. Sometimes they were punished in their mainte-
nance, by withdrawing- the usual portion of the Church's
revenues, which was allotted to them out of tho public
stock for their maintenance and subsistence. The revenues
of the Church, as has been observed in a former book,' were
usually divided among the clergy once a month, whence it
had the name of Divisio mensurna, the monthly division:
and when there was occasion to punish a delinquent clergy-
man for some less offence, it was done by withdrawing this
usual portion of the monthly division from him. As ap-
pears from that of Cyprian,* who, speaking of some of the
inferior clergy that had offended, says, " They should be
withheld or suspended from their monthly division, but not
be deprived of their ministerial office in the Church."
Sect. 6. — Of Suspension from their Office.
Sometimes they were suspended, not only from their re-
but if he commits fornication or adultery, he shall be ivholly expelled the
Church, and reduced to the discipline of repetUance. Vld, Con. Agathen.
can. 6, and 42. Con. Ilerdense, can. 1, 6, 16. Con. Valentin. Hispan.
can. ill. Con. Veneticum, can. xvi. Con. Aurellan. i. can. 11. Aurelian.
iii. can. 4, 7, 8. Con. Turon. i. can 3, 6. Con. Toletan. ii. can. 3.
Con. Tolet. xi. can. v. and G. Vigilii Decret. cap. vi. Felix iii. Ep. ad
Acaciura, writes thus to hira : Sacerdotali Honore, et communione catholicS,
nee non etiain a fidelium numero segregatus, sublatum tibi nomen et muuus
ministerii sacerdotalis agnosce. Vid. et Con. Asiaticum Ep. ad Joan. C.P.
in Synodo sub MennS. Act. i. ap. Crab. torn. ii. p. 86. et Con. Constant,
sub Flaviano, in Act i. Con. Chalcedon. ap. Crab. p. 780. where Eutychea
is punished both with deposition and excommunication, as all Heretics com-
monly were. • Book v. chap. iv. sect. 1. ' Cypr.
Ep. xxviii. al. 34. ad Cler. Interim se k divisione mensurnS tantum conti-
neant, non quasi i miuisterio ecclesiastico privati esse vide^intur. Vid.
Con. Carth. iv. can. 49. Justin. Novel. 123. c. 42.
2 G 2
462 THE ANTIQUITIES OF THE [coOK XVII
venues, but from their office and function. And this was
either temporary and Hmited, or perpetual and without re-
striction. The temporary suspension was only a depriving-
them of the execution of their office for a certain term ; and
when that term was over, they had liberty to resume their
place, and return to the execution of their office in all the
parts and duties of their function : but the perpetual suspen-
sion was a total deprivation of them from all power and dig"-
nity belonging' to the clerical office, and a reduction of them
to the state and condition of laymen, without any ordinary
hopes or prospect of ever recovering their ancient station.
The former of these is commonly called by the Ancients ab-
stention and suspension from communion, meaning- clerical
communion only; and the latter vulgarly known by the name
of degradation, de-ordination, or deposition from the office
and order of the clerical function. Thus Cyprian writing- to
Rogatian, an African bishop, concerning' a contumacious
deacon, who rebelled against him, bids him to depose him
from his office, or at least suspend him.* The penalty of
suspension was for less crimes, as in the instance given in the
Council of Epone,'' if a bishop, presbyter, or deacon be de-
tected to keep dogs for hunting-, or hawks for fowling-, the
bishop is to be suspended for three months, the presbyter
for two, and the deacon for one. So by a Canon of the
Council of Lerida,^ if any clergyman in a siege bore arms,
and killed a man, though it were one of the enemies, he
• Cypr. Ep. iii. ad Rogat. p. 6. Fungeris circa eum potestate honoris
tui, ut eum vel deponas -vel abstineas. * Con. Epaunen.
can. iii. Episcopis, presbyteris atque diaconibus canes ad venandum, et
accipitres adaucupandum habere non liceat. Quod si quis lalium persona-
rum in hSc fucrit voluiitate delectus, si episcopus est, tribus niensibus se
h communione suspendat ; duobus presbyter abstincat : uno diaconus ab
omni ofRcio et communione cessabit. * Con. Ilerden. can. i.
De his clericis, qui in obsessionis necessitate positi fuerint, id statutum est,
utab omni humano sanguine, etiam hostili, se abstincant. Quod si in hoc
inciderint, duobus annis tarn oflRcio quum communione corporis domini pri-
ventur Et ita denium officio vel communioni reddantur, efi tamen ratione,
ne ulterius ad officia potiora provehantur. See other instances of suspen-
sion in Basil, can. G9. Con. Bracar. iii. can. 1. and 5. Con. Aurel. iii.
can. ?, 16, 25. Con. Aurel. v. can. 5, and IS.
CHAP. I.] CHRISTIAN CHURCH. 453
was to bo siiRpended from his oftice two years, and bo ren-
dered incapable of any further promotion ; because the
canons in all cases whatsoever peremptorily forbad a clergy-
man to be concerned in blood.
Sect. 0,— Of Deposition or Degradation.
The other sort of suspension, commonly called Kaddipeaii',
deposition or degradation, was a total and perpetual sus-
pension of the power and authority committed to a clergy-
man in his ordination. For as the Church had power to
grant this authority and commission at first, so she had
power to resume and withdraw it again upon great misde-
meanors and just provocation. And then a clergyman,
whatever character he sustained before, was totally divested
both of the name and dignity, and power and authority be-
longing- to his former order and function. By some canons*
therefore he is said to be degraded, deprived, and turned out
of office ; by others to bo totally deposed,^ IlavTeXwg KaOatpad-
6ai\ totally to fall from his order or degree^, UavreXiog diro'
TriiTTHv /3a0/i5 ; to be de-ordained*, or un-ordained ; to be
removed out of the order of the clergy ;' to cease to be of
the number of the clergy f and to be reduced to lay-commu-
nion, that is, to the state and quality and condition of lay-
men. All these expressions, except the last, are commonly
well understood by modern writers ; but some to serve a pe-
culiar hypothesis have invented very odd and strange notions
of it. Therefore to set the matter in a right light, and give
a just account of the discipline of the Church, it will not be
amiss to be a little more particular upon this point, and shew
distinctly what the Ancients meant by this part of their dis-
cipline, which they call reducing a clergyman to the state
and communion of laymen, which 1 shall make the subject
of the following chapter.
' Con. Carthag. iv. can. 48. 49. 50. Con. Tarracon. can. x.
* Con.Antioch. can. V. ^ Con. Ephes. can. vi. *Acta Servatii
Tungrensis, ap. Crab. Con. toni i.p. 318. Nullfi morS Euphiatasdeordinatur.
* Con. Arelat. i. can. 13. Abordine cleri auioveatur. ® Con Nicaerj,
can. ii. Yltirva^aOnnTU KXr/pe.
454 THE ANTIQUITIES OF THE [bOOK XVII.
CHAP. II.
OJ reducing the Clergy to the State and Communion of
Laymen, as a Punishment for great Offences.
Sect. 1. — Lay-communion not the same as Communion in one Kind only.
LAY-communion in a layman was no punishment, but a
privilege, and one of the greatest privileges that belonged
to him as a Christian: for it was entitling him to all
the benefits and advantages of Christian communion.
But in a clergyman it was one of the greatest of pu-
nishments, reducing him from the highest dignity and
station in the Church to the level and standard of every or-
dinary Christian. But now the question is, wherein the
nature of this punishment consisted. Bellarmin* and some
other writers of the Romish Church, taking the word in a
new and modern sense, expound it of communion in one
kind and bring it as an argument to prove, that the primitive
Church denied the people the use of the cup in the Lord's
supper, and administered the communion to them only in
one kind, because the word lay-communion bears that sig-
nification in the present Church of Rome. But this is only
begging a principle, and supposing a practice, of which
there is not the least footstep to be met with in the ancient
Church, as I have fully demonstrated in a former book.^
And it is such a piece of ignorance and misrepres^tation of
the ancient discipline, as other learned men in the Romish
Church are commonly ashamed of. The notion is entirely
rejected and confuted byLindanus,^ Albaspinaeus,* Peter de
Marca,* Rigaltius,^ Durantus,' and Cardinal Bona,^ who ta-
' Bellarm. de Euchar. lib. iv. cap. 24. p. 678. ' Book xv. chap. 6.
" Lindan. Panoplia, lib. iv. c. 58. ♦ Albasp. Obsorv. lib i. cap. 4.
• -MarcaTract. in Cap. Cicricus, ad calccm Baluzii de Eraendat. Gratiiini.
• Rigalt. in Cypr. Ep. 52. ad Anton. ' Durant de Ritibus Eccles. lib.
ii. cap. 55. n. 6. * Bona de Rebus Liturg. lib. ii. c. 19. n. 3.
CHAP. II.] CHRISTIAN CHURCH. 455
citly reflects upon Bellarmin and his followers for their
childish explication of this ancient term to make it comply
with the modern practice. They no sooner hear, says he,
of the name, lay-communion, but overlooking" the ancient
notion, they presently take it only in the sense, which it now
bears, and interpret it communion in one kind 5 the false-
ness of which we may learn from hence, that we often read
of clergymen being- thrust down to lay-communion at that
time, when laymen communicated in both kinds.
Sect. 2. — Neither does It signify, Communicating among Lnjmcu without
tho Rails of the Chancel.
Lindanus had long before used tho very same argu-
ment, and advanced a more probable explication, that lay-
communion might denote a clergyman's being thrust down
to communicate among laymen without the rails of the
chancel: which has so much of plausibility in it, that the
learned Dr. Forbes,' aud Vossius^ give in to this opinion.
But though this has something of truth in it, yet it does not
express the full meaning of lay-communion. For a man
might be admitted to lay-communion not only in the Church,
but in a private house, or upon his death-bed, where there
could be no such distinction.
Sect. 3. — But a total Degradation or Deprivation of Orders, and Reduction
to the State and Condition of Laymen.
Therefore the full import of the phrase, and the adequate
notion of reducing a clergyman to lay-communion, is totally
degrading and depriving him of his orders, that is, the
power and authority of his clerical office and function, and
reducing him to the state and quality and simple condition
of a layman. Thus Chamicr rightly explains it against
Bellarmin,' when he observes, that it was called lay-commu-
• Forbes, Irenic. lib. ii. cap. xi. p. 221. s Voss. Thess. Theol.
Disp. xxxiii. Thes. v. p. 514. » Chamier. de Euchar. lib. ix. cap. iii.
n. 33. torn. iv. p. 487. Appellatam fuisse laicam communioneni, non a loco.non
a speciebus, non a tempore, sed a person^ nimirum quod qui ante fuerit
456 THE ANT1QU1TIE8 OP THE [BOOK XVI,
nion neither from the place of communicating, nor from
communicating in one species, nor from the time and order
of communicating the laity after the clergy, hut from the
condition and quality of the person communicating 5 namely,
because he, that before was a clergyman, or in the roll and
nomenclature of the clergy, is now become a layman, and
reckoned as one in the order of laymen only. This sup-
poses a power in the Church, not only of conferring clerical
orders at first to men, and promoting them from laymen to
be bishops or presbyters or deacons; but also a power of
recalling these offices, and divesting them of all power and
authority belonging to them, by degrading clergymen upon
just reasons and reducing them to the state and quality of
laymen again. This is undoubtedly the true meaning of all
those ancient canons and writers, which speak so often of
degrading clergymen for their offences, and allowing them
only to communicate in the quality of laymen. Hereby they
were deprived of their order and office, and power and
authority, and even the name and title of clergymen ; and
reputed and treated as private Christians, wholly divested of
all their former dignity, and clerical powers and privileges,
and reduced entirely to the state and condition of laymen.
Of which, because I have had occasion to discourse at large
in another work,* I shall not need to say much in this place,
but only add a few testimonies, that were then omitted. In
the third Council of Orleans there is a canon,^ which orders,
that if a clergyman, either by his own confession or convic-
tion, was proved guilty of adultery, he should be deposed
from his office, and be confined to lay-communion in a
monastery all his days. And another canon appoints,^ that
if any clergyman was convicted of theft or fraud, because
those were capital crimes, he should be degraded from his
order, and only be allowed lay-communion. So in the Col-
clericus, sive in dericorum noraenclaturfi, nunc sit laicus, et in laicorum
ordine. ' Scholast. Hist, of Lay-baptism, part. ii. chap, iv,
' Con. Aurel. iii. can, 7. Si quis aciulterftsse aut confessus fuerit, vel convic-
tus, depositus ab officio, communione concessfi, in monasterio toto vita; suae
tempore trudatur. " Ibid. can. viii. Si quis clericus furtum aut falsita-
tem admiserit, quia capitalia etiam ipsa sunt crimina, communione conccssft.
CHAP. II.] CHRISTIAN CHUHCH. 4#7
lection of Martin BnicarenKis* made out of the Greek canons
for the use of the Spanish Church, it is ordered, that if any
one is surreptitiously ordained, who, after baj)tism, has V)cen
guilty of murder, either by immediate commission of the
fact, or V)y command, or counsel, or defence, he shall be de-
posed, and only be admitted to lay-communion all his days.
Gelasius has a like decree,^ made in the case of a presbyter,
who, in a quarrel struck out the eye of another : he orders
him to be deposed from his office, and to be cloistered in a
monastery, there to repent of the fact, and only to have lay-
communion for his whole life. And Gratian cites an order
of the Council of Lerida to the same purpose,* " that if
clergymen, who are once corrected for their offence, shall
relapse, and return to their vomit again, they shall not only
be deprived of the dignity of their office, but continue all
their lives incapable of receiving the communion even as
laymen, which shall only be g-ranted them at their last
hour.
Sect. i. — Clergymen thus reduced, seldom allowed to recover their
ancient Station.
The plain result of this discourse is, that reducing a
clergyman to the comnmnion of laymen was a total depri-
vation and divesting him of his office and orders. So that
if he now pretended to act as a minister, his actions were re-
puted null and void, and as no other than the actions of a
layman. The learned Dr. Forbes has rightly observed this
4
ab ordine degradetur. ' Martin. Bracar. Collect. Canon, c.xxvi. Si
quis homicidii aut facto, aut preecepto, aut consilio, aut defensione post bap-
tismum conscius fuerit, et per aliquam subrcptionem ad clericatum venerit,
dejiciatur, et in tinera vitse sua; laicani conimunionem tantummodo recipiat.
^ Gelas. Ep. ad Ruffin. ap. Gratian, Dist. Iv. cap. 13. Bene fraternitas tua
fecit ab officio eum presbyterii removere. Hoc tamen solicitudinis tua; sit,
ut locum ei poenitentiee constituas, et in aliquo eum monasterio retrudas, lai-
cS tantummodo sibi conimunione concessfi. ^ Con. Harden, can.
T. ap. Grat. Dist. 1. cap. 52. Si iterate velut canes ad vomitum revorsi fue-
rint; non solum dignitate officii careant, sed etiam sanctam comnumioiuiu,
nisi in exitu, non percipiant. * Forbes, Irenic. lib. ii. cap. xi. p. '2-2'2.
Depositus depositione plena et perfect^ non valide exercet ea quiu sunt
ordinis, quia ipso caret ordine, ct potestate ordinis. Et jam non nisi
458 THB ANTIQUITIES OF THE [BOOK XVII.
in the ancient discipline, and I cannot better express it than
in his own words : " He, that is deposed with a plenary and
perfect deposition, cannot now validly exercise the offices,
that belong- to this order, because he wants his order and
the power of his order. He is now nothing but a mere lay-
man, and in so much a worse condition than other laymen,
because the restitution of such an one to his office is a much
more difficult thing than the promotion of other laymen."
Indeed there are very few instances of recalling- such to
the clerical office again, which was never done but upon
some great necessity or very pressing reason ; as in the
case ofMaxiraus, the Confessor, when he returned from the
Novatian schism, and brought over a great multitude of the
people with him ; Cornelius, bishop of Rome, in regard to
him as a confessor, and as one, that had done good service
to the Church by the influence of his example, dispensed
with the general rule for his Si>ke, and received him to his
place in the presbytery again ;' and the Council of Nice al-
lowed the same favour to the Novatians, and the African
fathers to the Donatists, with a charitable view, to put an
end to those great and inveterate schisms. But these were
only exceptions to the common rule, and dispensations with
the general orders and standing discipline of the Church.
Sect. 5. — Notwiihstanding the Pretence of the indelible Character of
Ordination.
It may perhaps be said, there was still an inherent power
and authority in such deposed clerks, and that their deposi-
tion did not totally annul their ordinations: for they still
retained the indelible character of their respective orders ;
and therefore they might be ministers still, and their minis-
terial actions stand good and authentic, notwithstanding any
power and authority in the Church to depose and degrade
them. But as this is next to a contradiction in itself, that a
man should be deposed from his order, and yet retain his
order still, with all the spiritual power belonging- to it: so
laicus est, et tanto deteriore conditioiie qm\in alii laici, quod longe diffirilior
sit ejus restitutio, (juam alioruin laicorum promolio. ' Cornel, Kn.
xlvi. al. 40. ad Cypr. p. 93. Maximuni prcsbyterum locum suurn agnosccrc
jussimus.
CHAP. II.] CHRISTIAN ClllJHCII. 459
it implies such a notion of that, which is commonly culled
the indelible character of ordination, as no ancient writer
over thonp-ht of. For the notion that the Ancients had of
the indelible character of ordination, was no more than they
liad of the indelible character of baptism 5 that as the out-
ward form of baptism, washing" or immersion in water,
though but a transient act, served for ever to distinguish a
Christian from a mere Heathen or Jew ; so as that, though
he apostatized from the Christian faith into Judaism or Gen-
tilism, he should still retain so much of the Christian cha-
racter, as upon his conversion and return to the faith not to
need a second baptism : in like manner the outward form of
ordination, which is imposition of hands designing a man
to any clerical office, though it be but a transient act, was
sufficient to distinguish such an one from a mere layman,
who never had any such ceremony of ordination ; so that by
this mark or character of his office once received, though
he should afterward forfeit his office and all the power and
honour belonging' to it, he would always remain distin-
guished in some measure from those, who never had such
an office; and though he should be wholly divested of his
office and power, and reduced to the simple capacity and
condition of a layman, yet so much of the marks and foot-
steps of his former office would remain upon him, as that if
lie should be recalled again to his office, though he might
need a new commission, he would not need this outward
character or ceremony of a new ordination. There is no one
has explained or illustrated the sense of the Ancients upon
this point with more accuracy than the learned Dr. Forbes :
and therefore, for further confirmation, I shall here transcribe
his words: " There remains,' says he, some distinguishing
' Forbes, Irenic. lib. ii. cap. 11. p. 224. Manet quidem in deposito ali-
quid distinctivura, quo ab aliis laicis distinguitur : ad distinctionem autein
non est necessaria aliqua impressa forma, sed sufficit actus transiens in prai-
teritum, nempe quod sit aliquaudo ordinatus. Manet in deposito non charac-
ter praesentis alicujus officii aut potestatis, sed vestigium quoddam prreteriti
honoris et aliquaudo habita: potestatis: per quod vestigium ab aliis laicis,
nunquam ordinatis, distinguitur: etpcracta sutficienti poenitentifi, si idoneus
inveniatur, et utilitas ecclesia postulet, restitui poterit absque novft ordiiia-
lione, &c.
460 THE ANTIQUITIES OF THE [boOK XVII.
character in a man that is deposed, by which he is distin-
guished from other laymen: but to make this distinction, it
is not necessary there should be any form impressed, but a
transient act, that is long ago past, is sufficient, viz. that he
was once a person ordained. The character, that remains in
a deposed person, is not the character of any present office
or power, but only some footstep or mark of an honour that
is past, and of a power, that he once had ; by which foot-
step he is distinguished from other laymen, who never were
ordained; and may, after a sufficient penance performed, if
he be found fit, and the advantage of the Church so require,
be bestowed again without a new ordination." As if a
prince should imprint upon his nobles the marks and cha-
racters of the offices, which they bear under him; making
the impress or figure of a key upon the arm of his cham-
berlain with an hot iron, and the image of a horse upon the
arm of the master of his horse, and the image of a cup upon
the arm of his butler: and after this it should happen, that
the prince being justly offended at them, should depose
them from their offices, and put others in their room, sign-
ing them with the characters of their offices likewise.
Those marks, which in the officers, who were not deposed,
were characters of their present power, would in those, that
were deposed, be only footsteps of their by-past power :
and whatever thing they, who were deposed should do re-
lating* to those offices, would have no more validity, than if
it was done by any private man, who never bore any such
office. Yet in this there would be a difference, that if the
prince pleased to restore those, whom he had deposed,
there would be no need to seta new mark upon them ; but
those footsteps or remains of their ancient power would
now become again the character of their present power.
By this illustration, which justly represents the sense of
the Ancients, it is easy for any one to apprehend, how far
the discipline of the Church in deposing clergymen ex-
tended: namely, that it not only suspended them from the
execution of their office, but deprived them of their office,
and took away their orders from them ; that they were
thenceforth no more than laymen, only with this distinction
CHAP. II.] CHRISTIAN CHURCH. 461
that they had the external character of a by-past office,
which other laymen wanted ; that now they had neither the
office of clerg-ymen, nor the power of it; nor were their
actions of any other account in the Church than as the ac-
tions of private men and laymen. Thus far the Church
proceeded in her censures of clergymen, that submitted to
her discipline, and were not refractory and contumacious :
she allowed them the benefit of lay-communion, which was a
moderation of their punishment in regard to their submit-
ting quietly to her discipline and censures.
Sect. 6.— But sometimes excommunicated, as well as deposed, and
denied the Conmiunion of Laymen.
But if they continued contumacious and stubborn, oppos-
ing her first censures, and acting as clergymen in contempt
of them ; she then proceeded one degree further with them,
adding to their deposition a formal excommunication, and
denying them even the communion of laymen. Thus Arius,
and many other first founders of heresies, were anathema-
tized and excommunicated, as well as degraded. And there
are abundance of instances of the like proceeding in
Cyprian,* and the Apostolical Canons,* and the Council of
Sardica,* and the Council of Colen,* and the Council of
Elibcris,* and the Council of Rome^ under Felix III. AH
which, because I have produced at large upon another
occasion,' I think it needless to repeat in this place.
Sect. 7. — Sometimes removed and corrected by the Assistance and
Authority of the secular Power.
We are likewise to observe, that in case of contumacious
contempt of her censures, the Church sometimes had re-
course to the secular powers ; craving their aid and assis-
tance, either to remove a stubborn clerk from his station and
• Cypr. Ep. xlix. al. 52. ad Cornel, p. 96. * Canon. Apost. 29 et
30. * Con. Sardic. can. I et2. ♦ Con. Agrippin. ap. Crab. tom.
i. p. 317. * Con. Eliber. can. 18, et76. " Con. Rom. iii. sub
Felice 3. Con. tom. iv. p. 1076. can. 2. ' Scholast. Hist, of Bapt. par.
ii. chap. 8.
462 THE ANTIQUITIES OF THE [bOOK XVII.
honourable post in the Church, which he obstinately de-
tained after deposition, or else to inflict some other punish-
ment upon him for his chastisement and correction. We
have seen several instances of this before in the general
account of the exercise of discipline upon all church-
members,* related from Eusebius and the Council ofAntioch,
and the third Council of Carthage, and the African Code,
where addresses are made, or appointed to be made, to the
secular powers, some Heathen, and some Christian, implor-
ing their assistance to remove some obstinate and contuma-
cious bishops and presbyters from their places, when they
would not obey the decrees of the Church, but retain their
offices and preferments in spite of her censures. And of
these I need not be more particular in this place : as neither
of those other various temporal penalties, which the wis-
dom of the state thought fit to inflict upon heretics in gene-
ral, laymen as well as clergymen, to discountenance hete-
rodoxy, and give more effectual force and vigour to the
censures of the Church : for of these I have given a suffi-
cient account in discoursing of the punishments of heresy
in the former book.
Sect. 8. — What meant by the Punishment, called Curi<B tradi, or
delivering up to the secular Court.
But there was one particular civil punishment peculiar to
delinquent clergymen, which must be taken notice of in
this place. The ancient law comprises it under the name of
Curice tradi, delivering up to the secular court : which, as
Gothofred observes,* has a different meaning in the ancient
law from that, which the modern use and practice has put
upon it. For among the modern canonists it signifies de-
livering a clergyman up to the secular judge after degrada-
tion, to be punished for some great crime with death, or such
capital punishment as the Church had no power to inflict
upon him : but in the old law the Curia has a larger sense,
not only to denote a judge's court, but the corporation of
• Book XTi. chap. ii. sect. 3. * Gothofred. in Cod. Theod. lib. xvi.
lit. 2. dc Episc. lo^- 30.
CHAP. II.] CHRISTIAN CHURCH, 463
any city, the members of which were commonly called
Decurioncs et Curiales. In this there were some honour-
able, and some servile offices. And therefore when a cler-
g-yman was degraded for any offence, and reduced to the
quality of a layman ; then, besides that he lost all the pre-
vileg-es and exemptions, that by law and imperial favour bc-
long-ed to the clergy, he was obliged to serve the Curia, or
secular corporation of his city, and that many times only in
some mean office and servile condition, by way of additional
civil punishment for having transgressed the laws of the
Church, and the rules of his sacred profession and venera-
ble function. And this was a certain way of precluding
him from all hopes ever after of regaining his clerical dig-
nity again. For as the laws absolutely prohibited any of the
Curiales to be ordained at first,* bee use they were tied to
certain municipal and civil offices inconsistent with the spi-
ritual ; so if any of the clergy were once degraded and
taken into the power of the secular Curia, or corporation,
there was no possibility of their returning to the ecclesias-
tical state again. And therefore Honorius made this a law,
that the Curia should immediately lay hold of such delin-
quents, to render their punishment irreversible and perpe-
tual. " If a bishop," says the law,* " shall condemn any
clergyman as unworthy of his office, and separate him from
the ministry of the Church; or if any one voluntarily desert
his sacred profession, let the Curia immediately lay claim
to him, that he may no longer be at liberty to return to tho
Church again ; and according to the quality of the man, or
the quality of his estate, let him either be taken into the
Curia, or some collegiate company of the city, and be
obliged to undergo those public burdens or necessities,
• See book iv. chap. iv. sect. 4. and Book v. chap. iii. sect. 16 and 16.
« Cod. Theod.lib. xvi.tit.2. de Episcopis, leg. 39. Queincunque clericum
indignum officio suo episcopus judicaverit, et ab ccclesiae nninisterio segre-
gaverit: aut si qui professum sacrse religionis sponte dereliquerit, continuo
sibi cum Curia vindicet: ut liber illi ultra ad ecclesiam recursus esse non
possit: et pro liominum qualitate, ot quautitate patrimonii, Tel ordini suo,
vcl collegio civitatis adjungatur ; modd ut quibuscunque apti crunl publicis
neccssitatibus obligentur, &(;.
4C4 THE ANTIQUITIES OF TIIK [bOOK XVIC.
which ho shall bo found qualified for, and this without any
collusion, under the penalty of a forfeiture of a considerable
sum of g-old, to be levied upon the Decemprimi, the ten
principal men of the Curia, if they connived at any such
collusion: and the offending- clerk so deii^raded is further
tied up by a negative punishment, never to hold any office
or place under any of the secular judg-es." Justinian renew-
ed and confirmed this law in one of his novels,^ and by
another imposed a like punishment upon any monk, that
should desert his monastery, to betake himself to any secular
employment: such an one was to serve all his life in some
mean and servile office under the judge of the province f
and only have this fruit of his change, that for despising his
sacred ministry he should be tied to the slavish attendance
upon an earthly tribuvjal.
But besides this, there was another way of delivering
over delinquent clergymen to the secular courts and civil
judg'cs ; which was, when they committed such crimes as
were properly of civil cognizance, and might be heard and
punished as crimes against the state and commonwealth.
For clergymen were considered in a double capacity, as mi-
nisters of the Church, and as members of the common-
wealth. Whatever crimes they committed in the first capa-
city, they were indeed liable primarily to be judged by the
bishops of the Church, as the proper judges of ecclesiasti-
cal causes : yet if their crimes were very flagrant, such as
heresy, or simony, though these were properly ecclesiastical
causes, yet the criminals might be turned over to the secular
judges, after the ecclesiastical sentence was past upon them:
for such crimes were punished both by Church and State,
with their respective censures. If their crimes were such,
as more nearly and directly affected the peace and tranquil-
lity of the commonwealth ; such as treason, and sedition,
and murder, and robbery, and the practice of magical and
pernicious arts; in that case, bishops not only might, but
' Justin. Novel, cxxiii. cap. 14, * Justin. Novel, v. cap. G. Ilunc
liabcbit mutationis fnictum, ut qui sacrum ministerium ilespexit, tribunalis
terrcni obsorvcl sorvifiuin.
CHAP. II.] CHRISTIAN CHURCH. 465
were obliged, ex officio, to turn over a degraded clerk to the
secular court and a competent judge, to be punished accord-
ing to the quality of his offences. There is a famous in-
stance relating to this matter in the history of the Acts of
the Council of Chalcedon, reported out of the Acts of the
Council of Tyre, where Ibas, bishop of Edessa, was ac-
cused for intending to promote one Abraamius, a deacon, to
a bishopric, when he had confessed himself guilty of magi-
cal practices before the bishop and all the clergy: and it is
added by way of aggravation of the bishop's fault,* that he
kept the paper of his magical enchantments by him, when
he ought to have presented the execrable criminal to the
judge of the province, according as the laws directed. By
which one instance, it is easy to apprehend, that there were
some crimes both of ecclesiastical and civil cognizance: and
when any such clergyman was deposed, in an ecclesiastical
court, the bishop was obliged to remit him to a secular
judge, to be punished with civil punishments as a layman,
according to the nature and quality of his offences. And in
this case, i conceive they treated him as an excommunicate-'
person, not barely reduced to lay-communion, but one de-
gree lower, being thrust down to the lowest rank of noto-
rious criminals, and denied the common benefit and privi-
lege of those, who were allowed to partake of the commu-
nion of laymen. Of which kind of censure, there are several
instances in the Apostolical Canons, and the Councils of
Eliberis, Colen, and Sardica; which, because I have pro-
duced them at large upon another occasion,^ I forbear to
relate in this place, and proceed to another inquiry, con-
cerning- the punishment, which was commonly called Com-
munio peregrina, or reducing clergymen to the communion
of strangers.
' Con. Chalced. Act. X. Con. torn. iv.p. 6i8. * Scholast. Hist.
of Lay Baptism, par. ii. chap. v.
VOL. Vi. . 2 H
466 THE ANTIQUITIES OF THE [bOOK XVII.
CHAP. Til.
Of the Punishment called Peregrina Communio, or re-
ducing Clergymen to the Communion of Strangers.
Sect. 1. — The several Canons, wherein this Punishment is mentioned.
There is no one question in all the ancient discipline, that
has more exercised the pens of learned men, than this about
the punishment called Peregrina Communio, the communion
of strangers. It plainly appears, from all the Canons,
wherein any mention is made of it, that some punishment
is intended to be peculiarly inflicted on the clergy for some
special offences ; but it is not so easy to discover what sort
of punishment it was. I will first set down the Canons,
that mention it, and then the different sentiments of learned
men concerning it, pointing out that, which seems to be the
most rational account of it, with some confirmation out of
ancient history. The first Council, that mentions it, is the
Council of Riez,' anno 439, where it is determined, in the case
of a schismatical bishop returning to the Catholic Church,
that he shall only be allowed to be a Chorepiscopus in some
country church under another bishop, or else be content
with the communion of strangers. The next Council, that
mentions it, is the Council of Agde,^anno -nOG, where in one
Canon it is determined, that if any clergyman be found
guilt}' of robbing the Church, he shall be reduced to the
communion of strangers. And in another,^ if any contu-
' Con. Rhegien. can. iii. Liceat ei in unam parochiarum suarum ecclesiam
cedere, in quTi aut chorcpiscopi nomine, ant peiegrinS, utaiunt, cdnimunione
foveatur. ^ Con. Agatlien. can. v. .Si quis clericus lurtuni
t'cclesia; fecerit, peregrina ei conununio tribuatur. * Ibid,
can. ii. Contumaces clcrici ab rpiscopis corrii)iantur: et si qni priorisgra-
dQs elati superbifi, connnunionem fortasse contemi)serint, aut ecclesiam fre-
qucntare, vel oflicium suum inijilere neglexerint, peregrina eis communio
tribuatur, ita utcum cos poenitentlacorrexerit, rescripti in matriculfi, gradum
suura dignitatcraque suscipiant.
CHAP. Iir.] CHRISTIAN CHURCH. 4C7
macious clerk despises the eoinrnunioii, or neglects to fre-
quent the church, or iulHl his oflice, he shiiU be reduced to
the communion of strangers, so as that, when he repents and
reforms, he may have his name written again in the Matri-
cula, or Roll of the Clergy, and obtain his degree and dig-
nity as before among them. After this, in the Council of
Lerida, anno 539, we find a like decree,* that in case any
clerg-yman upon the death of the bishop pillage his house, or
suppress any thing by fraud to the detriment of his succes-
sor, he shall be reputed guilty of sacrilege, and condemned
with the greater excommunication, and at the utmost only
be allowed the communion of strangers. These are the
Canons, wherein this punishment, or moderation of punish-
ment, (call it which you please,) is mentioned: but so little
lig-ht can be had from the Canons themselves, as to the na-
ture of the punishment, that it is no great wonder, that
learned men have run into various opinions about it.
Sect. 2. — The Communion of Strangers not the same as Lay-Communion.
Some confound it altogether with lay-communion, as
Binius, in his Notes upon the Council of Lerida,^ and Hos-
pinian,^and the old Gloss upon Gratian.* But it is no ways
probable, that the ancient Church would use two such dif-
ferent names for the same thing, when lay-communion was
a word so commonly known among them. Besides that,
these two things were evidently different from one another :
for clergymen, reduced to lay-communion, were totally and
perpetually degraded from their orders, and could not ordi-
narily be restored to their office again, but ever after conti-
nued in the state of laymen, as has been evidently demon-
strated in the foregoing chapter: whereas clergymen reduc-
ed to the communion of strangers, were still capable of
' Con. Harden, can. xv. Si qulsquain clericus quftcuuque occasione quid-
piam probatus fiierit abstulissp, vel forsitan dole aliquo suppressisse, reus
sacrilcgii, prolixiori anathemate conderanetur, et vix quoque peregrina ei
communio concedatur. ^ Binius Not. in Con. Ilerden. can. xv .
^ Ilospin. Ilistor. Sacramentar.lib. ii. cap. i. p. 24.
* Gloss. inGratian. Caus. Kiii. qurr.st. ii. cap. II.
2 H 2
468 THK ANTIQUITIES OF THE [BOOK XVII
being- restored to their office again after the performance of
a certain penance, as is expressly said in the forementioned
Canon of the Council of Agde, can. ii.
Sect. 3. — Nor Communion in one Kind.
Bellarnnin' and others not only take it for lay-communion,
but boldly assert, that that lay-communion was communion
only in one kind: so that when a clerg-yman is said to be
reduced to lay-communion, it is the same thing, according- to
them, as being- put down to receive the communion among
laymen in one kind. But this is only multiplying- of obscu-
rities, and confounding- a reader, by adding one error to ano-
ther. For as the Ancients speak of lay-communion and the
communion of strangers as different things; so they had
no such notion of lay-communion, as these writers pretend:
for all public communion both of clergy and laity in the pri-
mitive Church was in both kinds, as has been evidently de-
monstrated in a former book,^ and is now ingenuously con-
fessed by the most learned and accurate writers in the Rom-
ish Church. So that this opinion, which confounds the com-
munion of strangers with communion in one kind, is without
all shadow of truth, and has not the least foundation in anti-
quity to support it.
Sect. 4. — Nor Communion at the Hour of Death.
The author of the Gloss upon Gratian has another plea-
sant interpretation: for he fancies it may signify communion
at the hour of death, when a man leaves the world, and de-
parts out of this life to take a pilgrimage into the next life
and world to come.^ But this is only fit to make an intelli-
gent reader smile. For it is very improper to call death a
pilgrimage, which more strictly speaking, accordingto Scrip-
ture lanjiuaoe, is rather a translatiiifr of men to their native
country, their heaven and their home. Men are said to be
' Bellavm. do Euchar. lib. iv. cap. xxiv. p. (^79. » Book xv.
chap. V. sect. 1. &c. * Gloss, in Grat. ubi supra. Peregrina
c;>mmunio, id est, cum reccdit. vol perpgrinafur de hoc mundo.
CHAP. Ill,] CHRISTIAN CHUHCH. 469
strangers and pilgrims upon earth, because they are absent
from heaven, (he city and country, to which tliey belong:
therefore leaving this world, cannot be said to be entering
upon a pilgrimage, but, in propriety, rather ending and fi-
nishing- a pilgrimage, to go to their everlasting home. There-
fore, if the Ancients spake properly, as no doubt they did,
they could not mean by the communion of strangers, the
communion of dying persons, or such as were taking a pil-
grimage out of this world. Besides that the very Canon of
the Council of Agde, which the Glosser pretends to explain,
makes the communion of strangers not to be the communion
of dying persons, but such as are living, and in a capacity
to return to officiate as clergymen (after a sufficient correc-
tion) in their former station.
Sect. 5. — Nor the Communion of such, as were enjoined to go on Pilgri-
mage on Earth by way of Penance, a Piece of Discipline unknown to the
Ancients.
Cardinal Bona mentions^ and exposes another more fanci-
ful opinion of one Gabriel Henao, who, he says, wrote a long
dissertation upon this subject,^ wherein he at last concludes^
that the communion of strangers was that, which was g"iven
to such clergymen, as were enjoined to go on pilgrimag'e,
either temporary or perpetual, by way of penance for their
offences. But he no way explains what kind of communion
this was ; and as Bona observes, he ought to have demon-
strated, that when the Canons about the communion of
strangers were made, there was any such punishment as
pilgrimag"es, enjoined the clergy for the expiation of their
offences. For there is a profound silence in antiquity as to
what concerns any such injunction.
Sect. 6. — Nor any private and peculiar Oblation for Strangers.
Cassander^ and Vossius,* after some of the schoolmen and
Canonists, think the communion of strang-ers means the ob-
' Bona de Rebus Liturg. lib. ii.cap. xix. n. 5. ^ Henao de
Sacrific. Missce. Part. iii. Disput. xxviii. n. 49. ' Cassand.
de Commuiiionc sub utraque specie, p. 1029. * Voss. Thcs.
Theol. p. 51li.
470 THE ANTIQUITIES OF THE [UOOK XVll
lation of the eucharist made after some peculiar rite, and on
some particular days, for the use of strangers; and that it
was put upon delinquent clergymen as a punishment to com-
municate with these. But there was no such custom as this
of making any particular oblation of the eucharist for stran-
gers in the ancient Church : for all travellers and strangers,
when they came to a foreign church, if they brought com-
municatory or commendatory letters with them, were admit-
ted to communicate with the Church w herever they happen-
ed to sojourn : and if they did not bring communicatory let-
ters, they were denied communion till they should procure
them. Meanwhile they were allowed to communicate in
external good things, or partake of the charity of the Church,
if they were in necessity, though they were debarred from all
religious communion as suspected persons. And by
this distinction we shall be able to come at the true meaning
of the communion of strangers.
Sect. 7. — But communicating only as Strangers travelling without commenda-
tory Letters, who might partake of the Church's Charity, but not of the
Communion of the Altar.
For we are to observe, that communion in the ancient
Church signifies not only partaking of the eucharist, or
communion of the altar ; but also partaking- of the charity of
the Church. And such travellers, as came to any foreign
church without communicatory letters, to testify their ortho-
doxy and pious conversation, were presumed to be under
some censure, and not in actual communion with their own
church: till therefore they could clear themselves of this
suspicion, by the rules of the Catholic unity, and communion
of all Churches mutually with one another, they were to be
refused communion in a foreign church, and only to be al-
lowed common charity as strangers. And according to these
measures, clergymen, who were delinquents, were for some
time treated much after the same manner, and thereupon
said to be reduced to the communion of strangers : that is,
they might neither ofllciate as clergymen in celebrating the
eucharist, nor any other part of their office : nor in some
CHAP. 111.] CHRISTIAN CHURCH. 471
cases pavticipite in the cucliarisf. lor komio time, fill they
had made satisfiiction ; hut only be allowed a charitable
subsistence out of the revenues of the Church, without any
legal claim tea full proportion, till by a just penance they
could reoain their former ottice and station. This is the
most probable account, that can be given of a difticult and
doubtful matter, and learned men now g-enerally concur in the
substance of this e.xplication ; as the reader, that is curious, may
see in the writings of Abaspinffius' and Bona,^ Schelstrate,^
Priorius,* Petavius,^ Dominicy,*' and Sirmond ;■■ not to men-
tion the hints and strictures occasionally made about it by
Lindanus,^ Baronius,^and Peter de Marca,'" all writers of
the Romish communion ; whom 1 tlie rather name upon this
account, to expose more fully the vanity of Bellarmin and
his adherents, who with a great deal of confidence, would
persuade the world, that they had discovered the lay-com-
munion of their Church under one species, as they call it, in
this ancient communion of strangers, when yet they differ
as much almost as any two things from one another. Among
Protestant writers, the true notion is well expressed by Dr.
Sherlock," when he observes, " That the ancient discipline
was very severe in admitting strangers, who were unknown
to them, to the communion; lest they should admit heretics,
or schismatics, or excommunicated persons : and therefore
if any such came, who could not produce their recommen-
datory letters, but pretended to have lost them by the way,
they were neither admitted to communion, nor wholly re-
fused, but, if occasion, were maintained by the Church, till
such letters could be procured from the Church from
whence they came, which was called the Communio Pe-
regrinay
' Albasp. Obscrvat. lib. i. cap. 3. ' Bona de Rebus Liturpr-
lib. ii. cap. six. n. 6. ^ Schelstrat. Not. in Con. Antioch. p. 397.
* Priorlus de Literis Canonicis Titul. xi. p. 38.
* Petav. Not. in Syncsii Ejiisl. Ixvii. p. 78. « M. Anton. Do-
luinicy. de Commun. Peregrin. ' Sirmond. Hist. Pcenitentia
cap. ult. * Lindan. Panoplia. lib. iv. cap. 58.
9 Baron, an. 400. p. 119. '" Marca. Dissert, in Cap. Cleiicus,
ad calcein Baluzii de Eni.ndat. Gratiuni. p. 583. " Sherlock
of Church-Unitv, in Defence of Stilinsfleel, p. 002.
472 THE ANTIQUITIES OF THE [BOOK XVII.
Sect. 8.— This Notion confirmed from several Parts of ancient History.
This notion seems the more agreeable, because it comes
recommended and confirmed by several facts in ancient
history. Synesius writing to Theophilus, bishop of Alexan-
dria, concerning one Alexander, bishop of Basinopolis n Bi-
thynia, who lay under some suspicion at Ptolemais, tells
him, he neither received him in the church, nor communi-
cated with him at the holy table,* but in his own house he
treated him as an innocent person. And thus, the historians
tell us,2 Chrysostom treated the Egyptian monks, who, being
prosecuted by Theophilus, bishop of Alexandria, fled to
Constantinople, to have a fair hearing of their cause be-
fore the emperor : he entertained them hospitably, and al-
lowed them to join in the common praters with the Church,
but would not admit them to participate at the eucharist,
whilst their cause was depending and undetermined. From
which it is evident, that strangers travelling without recom-
mendatory letters might be allowed some common offices of
christian charity, but could not be admitted to christian
communion. And so it was determined expressly in the
Apostolical Canons,^ that if any strange bishops, presbyters,
or deacons, travelled without commendatory letters, they
should neither be allowed to preach, nor be received to
communion, but only have rd Trpog rag xptiag, what was
necessary to answer their present wants, that is, a charitable
subsistence. In the first Council of Carthajje likewise a
rule was made,* that neither clergyman nor layman should
communicate in a strange church w ithout the letters of their
bishop, for fear of surreptitious communion. And in every
Council almost there is a Canon to the same purpose. So
that according to the treatment of strangers, whether cler-
' Synes. Ep. Ixvi. adTheotimum leg. Theophilum. ' Socrat.lib. vi.
cap. 9. Sozomen. lib. viii. cap. 13. "'Canon. Apost. xxxiii. * Con.
Carthag. i. can. 7. Clericus vel laicus non coinmunicet in alienS plebe
sine Uteris episcopi sui. Nisi hoc observatum fuerit, communio fiet passiva.
Vid. Con. Aiitioch. can. vii. T«aodioen. can. xli. Milevitan. can. xx. Aga-
then, can.lii. Epauncn.can. vi.
CHAP. III.] CHRISTIAN CHURCH. 473
gymen or laymen, in a strange church ; such was the disci-
pline exercise<l upon delinquent clerg-ymcn in their own
Church : they were suspended from their office and commu-
nion, hut allowed a necessary subsistence, which was pro-
perly the Communio Peregrina, or reducing them to the
communion of strangers.
Sect. 9. — What Sort of Ponancc was necessary to ri'Slore such delinquent
Clergymen to their Office and Station again.
There remains but one difficulty now to be accounted for
in this matter ; which is, what sort of penance that was,
which the Church required of such delinquent clorg-ymen, in
order to restore them to their office and station acrain. That
they mig-ht be restored by penance, is evident from the fore-
mentioned Canon of the Council of Agde,* which allows it;
and in this the communion of strancfers chiefly differed from
the communion of laymen, that the one allowed a delinquent
clergyman to be restored to his office, and the other ordina-
rily did not: but then there arises a difficulty from other
canons, which both forbid, any one to be ordained,^ who
had done public penance, whilst he was a layman ; and
also prohibit clergymen, who were reduced to pub-
lic penance, ever to recover their ancient dignity
and station again.^ Concerning both which points of dis-
ciphne, besides the Canons, St. Austin is an irrefragable
witness in reference to practice: for he testifies,* that this
was the order of the Church, that no one, who had done pe-
nance for any crime, should he admitted to any clerical de-
gree, or return to it after correction, or continue in it: which
was done, not to make any one despair of pardon, but only
to comply with the strict discipline of the Church. How then
can it be said, that the communion of strangers allowed
' Con. Agathen. can. ii. 2 c^n. Nic. can. x. Carthag. iv. can.
66, et68. Tolet. i. c. 2. Agathen. c. xliii. Epaun. c. iv.
■ Con. Carth. v. c. 11. Leo Ep. xc. ad Rustic, c. ii. ♦ Aug.
Ep. 1. ad Bonifac. p. 87. Ut constitueretur in ecclesift, ne quisquam pos^
alicujus criminis poenitentiam clericatuin accipiat, vel ad clericatuin rcdcat.
vel in Clericatu maneat, non dcsperatione indulgentisc, sed rigors factum est
disciplinae.
474 THE ANTIQUITIES OF THE [BOOK XVII.
clerg-ymen to recover their office and dig-nity by doing pe-
nance, when these canons for doing- penance so plainly took
it from them ? To this it is easily answered by disting"uish-
ing- between public and private penance: the Canons, which
forbid clerg-ymen to be restored to their office after having-
done penance, speak of public penance done solemnly in
the church; but the other Canons, which allow them to be
restored, speak of private penance only. And that this is
no arbitrary distinction, but of the Church's own making-, is
evident from the Canons themselves. For the Council of
Girone allows such as have done private penance in time of
sickness,^ and received absolution upon it, afterwards to be
ordained, provided they never were brought to do public
penance in the church, and there was no other objection of
immorality to be made against them. In like manner, Genna-
dius recounting- the several things, that hindered a man from
being ordained, reckons his having done public penance a
sufficient objection against him :but as for private penance,
he takes no notice of it.^ Therefore, by this rule, we are to
interpret all the Canons, which forbid penitents to be or-
dained at first, or deny clergymen after penance the li-
berty of regaining their ancient station: they are to be un-
derstood of public penance, and not of private. And so this
seeming difficulty and contradiction of the canons is easily
adjusted, whilst the Council of Agde, which allows clergy-
men, reduced to the communion of strangers, liberty of re-
suming their office again after penance, must necessarily be
interpreted of private penance, and not of public. And this
makes it evident, that this reducing- of clergymen to the
communion of strangers was only a temporary suspension of
them from their office, and not a total degradation, or reduc-
tion of them to the state and quality of laymen.
• Con.Geruiulcn. c. X. Qui aegritudiiiis languoie depressus, pccnitentia;
benedictionera (qiiam viaticum deputamus) per communionem acceperit, et
poslmoduin rccoiivalescens caput pcpnitentite in ccclesiri publice nonsubdide-
rit; si prohibitis vitiis uou dftinctur obuoxius, admittatur ad clerum.
« Gennad. de Eccles. Dogm. cap. Ixxii. Clericum non ordiiianduni, qui pub-
licft poenitentifi mortalia ciiniina dt-flct. Vid. Con. Tolel. i. can. 2. Ptrni-
tenttni dicinius, qui publicani pocuitcntiam gcrcns, subcilicio, divino fueiit
reconcilialus allano.
CHAP. IV.] CIIIUSTIAN CHURCH, 475
CHAP. IV.
Of some other special and peculiar Ways of injlicting Pu-
nishment on the Clergy.
Sect. 1. — Somctiines the Clergy perpetually suspended from their Office,
yet allowed to retain their Title and Dignity.
Besides these move general and usual ways of punish-
ing- the offending- clergy, there were also some less noted
and uncommon ways of censuring- them, which it will not
be amiss to observe, whilst we are upon this subject. Among-
these we may reckon that sort of suspension, which deprived
them entirely of the exercise of their office, and yet allowed
them to retain their title and dignity. This was a sort of
middle way between a temporary suspension and a perpe-
tual degradation : for they were still allow ed to communi-
cate among- the clerg-y, and not entirely reduced to the
communion of laymen. Thus in the Council of Ancyra,'
those presbyters, who had sacrificed to idols, but afterwards
returned, and became confessors, were allowed to keep
their dignity and title of presbyters, and sit among- the rest
in the presbytery ; but not to preach, or offer the eucharist,
or perform any other office of the sacred function. The
same is decreed concerning- deacons lapsing into idolatry ,-
that they might retain their honour, but cease from all ad-
ministration of the sacred office, neither distribute the bread
nor the cup, nor minister as the common Prcecones, or criers
of the Church, unless the bishop in consideration of their
great pains, humility, or meekness, thought fit to allow them
more or less of their office, which was left entirely to his dis-
cretion. The Council of Nice made a like decree,^ con-
cerning the Novatian bishops, whom they degraded to the
' Con. Ancyr.can. i. '^ Ibid. can. ii. '' Con, Mc.
can. viii.
476 THE ANTIQUITIES OF THE [bOOK XVII.
order of presbyters, but yet permitted them to retain the
title of bishops, if the bishop of the place thought fit to
allow it. And the same was determined in the case of
Miletius by the same synod,' that he might retain the bare
name and honour of a bishop, but never after officiate in
bis own church, or any other. So, in the Canons of St.
Basil,^ a delinquent presbyter is allowed to sit among the
rest, but obligred to abstain from all offices beloncfingf to his
order. And an offending deacon is suspended from his mi-
nistry,^ but yet allowed to partake of the holy elements
amonsr the other deacons. The Council of Aode has a
like decree about presbyters and deacons,* who were diga-
mists, or had married the relict of some other man ; that
tliouffh some former rules of the Fathers had ordered them
to be more severely handled, yet such respect and tender-
ness should be shewn to those, who were already ordained,
that they might retain the name of presbyters and deacons:
but the presbyters should neither presume to consecrate,
nor the deacons to minister in the Church. A like determi-
nation was made by the general Council of Ephesus,^ in the
case of one Eustathius, metropolitan of Pamphylia, who for
the love of a private life, and some troubles, that he met
with in his office, voluntarily relinquished and deserted his
bishopric against canon, but afterward petitioned the Coun-
cil, that he might enjoy the name and honour of a bishop
still: in which request the Council gratified him, out of
reo-ard to his age and quiet temper; allowing him to have
both the name, and honour, and communion of a bishop,
but with this condition, that he should neither ordain, nor
take any church to officiate in as a priest by his own autho-
rity, unless he was admitted as a co-adjutor, or expressly
allowed by the bishop of the place.
' Con. Nic. Epist. Synod, ap. Thcod. lib. i. cap. 9. Socrat. lib.i. cap. 9.
Sozomen. lib. i. c. 2+. " * Basil, can. 27. " Ibid,
can. 70. * Con. Agathcn. can. i. Placuit dc digamis, aut
internuptarum marilis, qiianquam aliud Patruin statiita decreverint, ut qui
hujusque ordinati sunt, habitu miscratione, presbyteri vel diaconi nonun
tantiim obtineant: oflTiciuin vrroconsecrandi presbytcii, et ministrandi liiijus-
niodi diacoiu's non piffisuuianf . * Con. Epiics. Ep. Synod,
ad. Synodiim. l'ainph\l. Con. torn. iii. p. b06.
CHAP. IV.] CHRISTIAN CHURCH. 477
Sect. 2.— Somolimes degraded, not totally, but partially, from one Order
to another.
It appears from one of the foremen tloned canons,' that
there was such a punishment also as a partial degrada-
tion; which was when the clergy where not totally deprived
of all clerical deg-ree and office, but only thrust down from
an higher order to a lower, by way of discipline and cor-
rection. Thus the Council of Nice treated the Novatian
schismatics, admitting- those, who had passed for bishops
among- them, to officiate only as presbyters in the Catholic
Church, unless any bishops would promote them to the
office of a Chorepiscopus under their jurisdiction. And so
the Council of Neocaesarea orders deacons,^ that sin, to be
thrust down and dee-raded to the order of subdeacons. And
by this rule it was, as Valesius observes,^ out of St. Jerom's
Chronlcon, that Cyril of Jerusalem deg-raded Heraclius from
the order of a bishop to that of presbyter. But the Council
of Chalcedon seems not to have approved of this rule : for
in one of her canons it is said to be sacrileg-e, to bring-
down a bishop to the degree of a presbyter :* and that there-
fore if there be any just cause to remove a bishop from the
exercise of his episcopal function, he ought not to hold
the place of a presbyter neither. By which w^e may con-
clude, that this point of discipline varied, according to the
different apprehensions and sentiments of men in different
ages.
Sect. 3.— Sometimes deprived of a Part of their Office, but allowed to
exercise the Rest.
Sometimes again they w ere deprived of their office, as
to some particular act of it, but allowed to exercise the rest.
Thus the Council of Neocaesarea orders, that if any pres-
byter confessed, that he had been guilty of any corporal
' Con. Nic. can. viii. « Con. Neocffisar.can. x. Vld. Con.
Tolet. i. c. 4. Con. Trull, c. 20. * Vales. Not. inSozomen.
lib. IT. c. 30. * Con. Chalced. can. xxix.
478 THE ANTIQUITIES OF THE [bOOK XVII-
unclcannoss before his ordination, he should not, consecrate
the eucharist,* but might continue in the exercise of all
other parts of his office, if he ^vas a man dihg-ent in his
function. And in the fourth Council of Carthage it was
decreed, that if a bishop ordained any one wittingly,^ who
had done public penance, the ordination of which was pro-
hibited by the canons, he should for his transgression be de-
prived of his episcopal power, as to what concerned the
particular act of ordaining only : which implies, that he was
still allowed to exercise all other parts of his office and
function.
Sect. 4. — Sometimes deprived of their Power over a Part of their
Flock, but allowed it over the Rest.
In Afric we sometimes find bishops for their mal-admi-
nistration and indiscreet government deprived of their power
over some part of their flock, and yet allowed still to go-
vern the rest. This may be collected from St. Austin's ac-
count of their proceeding with one Antonius, a young bishop,
who had oppressed some of his people at Fussala, by unrea-
sonable exactions ; for which it was thought fit to punish
him with this gentle correction, that he should no longer
rule over that part of his people,^ whom he had so oppressed,
lest their grief and impatience should break out into some
violent attempts, that might be dangerous to both parties.
Antonius indeed complained of this as an infringement of
his just rights and powers : for he pleaded, that a bishop
ought either to be deposed, or to be left in the full exercise
of his jurisdiction and power. But St. Austin shews, that
this was no new thing in Afric, nor unreasonable in itself:
for a bishop may be guilty of many misdemeanours, for
which it will neither be proper to let him go wholly unpu-
' Con. NcocjEsar. can. ix. M/) Trpo(j(pi{)(.Tio, fiifwr h' toIq \oi— oi^ cia t>)v
aXXijv <T7r«(^7jj'. * Con. Carthag. iv. can. (>S. Si scions epii-
copus ordinaverit talem, etiam ipse ab episcopatQs sui, ordinandi duntaxat,
potestate privetur. Vid. Con. Taurin. c. ii. ^ Aug. Ep. 261.
Hunorem integrum servavimus juvcni conigendo, sed corripiendo minuimus
potestatem, nc scilicet eis prajessct ultcrius, cum quibus sic egerat, &c.
CHAP. IV.] CHIUSTIAN CHURCH. 479
nished, nor yet to use such severity as to deprive him uni-
versally of his episcopal honour and power. In such cases
the middle way proves the most useful correction ; neitiier
to use too great severity above the nature of the offence,
nor too much lenity and mildness, to let it pass entirely with-
out any censure or correction. And he shews, that this was
a method often taken in Afric for less faults in other instances
of punishment.
Sect. 5.— Bishops in Afric punished by depriving tliem of their Seniority
and Right of succeeding to the Primacy or Metropolitical Power.
Particularly in Afric, (where the primacy of metropolitans
always went by seniority of ordination, so that the oldest
bishop always regularly succeeded to the primacy of course,
whatever diocese he was possessed of,) it was customary to
punish an oflending- bishop, with the loss of his seniority
and right to the primacy, by rendering him incapable of
ever attaining it. This we learn from St. Austin in the same
Epistle,* where he gives an instance in one Priscus, of the
province of Mauritania Caisariensis, who was thus censured :
and if Antonius's argument had been good, Priscus might
have pleaded the same, that he ought either to have been
allowed his right of succeeding to the primacy, or to have
been deprived of his bishopric : but the African discipline
took the middle way, for certain crimes, neither to deprive
bishops of their episcopal power, nor to let them go wholly
unpunished.
Sect. 6. — Also by confining them to the Communion of their own
Church,
Another instance of this discipline was to confine an
oflending bishop to the communion of his own Church, and
prohibit all other bishops from admitting him to communion
in any of their Churches. St. Austin mentions one Victor,^
' Aug. Ep. 261. Clamet Priscus provincise Caesariensis episcopus : " Aut
ad primatuni locus sicut casteris et mihi patere debuit, aut episcopatus mihi
remanere non debuit." ® Aug. ibid. Clamet alius cjusdem pro-
vinciee Victor episcopus, cui relicto in eSdem poena in qu5 et Priscus fuit,
480 THE ANTIQUITIES OF THE [BOOK XVII.
who was thus censured ; and he might have pleaded after
the same manner : either I ought to communicate in all
Churches, or not communicate in my own. But this was
thought a reasonable way of discountenancing an offending
bishop for some smaller faults, when they did not think them
worth}' of the highest censure: as in case a bishop neglected
to come to the provincial synod at the primate's call, or or-
dained another man's clerk without his license or approba-
bation ; which are some of the offences specified in the Afri-
can synods,' for which a bishop might incur this censure.
Sect. 7. — Or removing them from a greater Diocese to a less.
St. Austin gives a third instance of this discipline in the
African Church: which was the removing of a negligent
bishop from a greater diocese to a less ; which was a kind
of tacit reproach and dishonour to him, and the disgrace was
his punishment. For as it was an honour for a bishop to be
translated from a less diocese to a greater by the approba-
tion and judgment of a venerable synod, without which they
might not move: so it was a dishonour and reproach to him
to be thrust down by a synodical decree, though not to a
low er order, yet to a lower station. The one was an argu-
ment of merit and great worth, and the other an argument
of some demerit and misdemeanor ; and therefore the one
was used by way of reward, to promote a bishop for his
abilities and good service; and the other by way of punish-
ment, to give a negligent bishop a little gentle admonition
and moderate correction. And thus St. Austin tells us, one
Laurentius, a bishop, was punished by the discipline of the
African Church.^
nusquaninisi in (lirrcesi ejnsab alio communicatur episcopo: claniet, inquam,
aut ubiquc communicare debui, aut etiam in meis locis communicarenon
debui. ' Vid. Con. Carthag.v. can. 10. 13. et Cod.
Afric. can. 77, ot 81. » Aug. ibid. Ep. '2CA.
CHAP. IV.] CHRISTIAN CHDROll. -481
Skit. S. — Tlic Clergy in •■enoral jiunishcd hy Loss of tlicir Seniority
aiiioiiij those oftiie siiiiie Older.
It was a modtMiUc punishment, much of" the same rmturc,
which the Council of Tiullo mentions us common to all
orders of the clergy in general:' which was to deprive them
of their seniority, and sink them down to the lowest seat
or decree amon"- those of the same order. This was com-
monly the punishment of persons of an ambitious and as-
suming temper. The Council instances in such deacons, as,
because they had some more honourable ecclesiastical office,
would presume to take place of the presbyters, and sit be-
fore them ; against whom they allege the parable of our
Saviour, " When thou art bidden to a wedding, sit not down
in the most honourable place, &c. for he, that exalteth him-
self, shall be abased; and he, that humbleth himself, shall
be exalted." The author of the Apostolical Constitutions
takes notice of the same punishment, as used in his time,
even among the laity also. For if an honourable person
came into the assembly, being a stranger, and any one re-
fused upon the deacon's admonition to give him place to sit
down ; he that so refused was to be removed by compulsion^
beneath the lowest rank of hearers in the Church. Cotele-
rius notes the same order as observed among the monks in
the rules of Paehomius and St. Benedict for smaller of-
fences. And in the second Council of Nice, alike rule was
made for the correction of the clergy,^ that if any one
through haughtiness insulted another, he should for his
offence be thrust down to the lowest degree of his own
order, to teach him humility and submission in his station.
Sect. 9, — And rendering them incapable of being promoted to any
higher Order.
They had also a negative punishment of the same nature
for all the inferior orders of the clergy, which was, to deny
• Con. Trull, can. vii. ' Constit. lib. ii. cap. 58. ■ Con.
Nic. li. can. 5.
VOL. VI. 2 I
482 THE ANTIQUITIES OF THE [BOOK XVII.
them all further promotion, and incapacitate them from at-
taining to anv hiiiher order in the Church, The tirst Coun-
cil of Toledo has several canons to this purpose. The
first canon orders,* that deacons, who lived incontinently with
their wives, should never arrive to the honour of presbytery,
nor presbvters to episcopacy. This was one of the first
steps made towards settling the celibacy of the clerg-y,
which at first was introduced, not by disannulling- the orders
of the married clergy, but by debarring them from being
advanced to any higher order. Another canon appoints,^
that if a reader marries a widow, he shall never be promoted
to any higher degree, but always continue a reader, or at
most a sub-deacon. And a third canon of the same Coun-
cil decrees,^ that if any one after baptism hau followed the
soldier's life, though he had never happened to shed blood,
if he were ordained to any of the inferior orders, he should
never arrive to the dignity of a deacon in the Church. A
like decree was made in the Council of Lerida, that if any
clergyman, who ministered at the altar, shed human blood,
though it were the blood of an enemy in the straightness
of a siege, he should not only be suspended from his ofiice
and communion for two years, but, after he was restored to
his office and communion again,* should remain incapable
of being advanced to any higher office in the Church. And
there is another canon in the same Council, which orders
such clergymen as fall by the frailty of the flesh, after pe-
nance, to be received again; yet so as not to expect any
further promotion in the Church.* The first Council of
• Con.Tolet. i. c. 1. Placuit ut diacones, qui incontinenter cum uxoribus
Tixerint, presbyterii honore non cunuilentur. Si quis veio ex presbyteris
ante interdictum filios suos susceperit, de presbyterio ad episcopatum non
admittatur. * Ibid. can. iii. Lector, si viduain alterius uxorem
acceperit, amplius nihil sit, sed semper lector hiabeatur, aut forte sub-diaco-
nus. * Ibid. can. viii. Si quis post baptismuni inilitaverit, et chalmy-
dem sunipserit, aut cingulum ad necandos fidt-les, etiainsi gravia non aduiise-
rit, si ad cleruni admissus fuerit, diaconii non accipiat dignitatem.
* Con. Ilerdeii. can. i. Ita deiiuun officio vel coininunioni reddantur, ei
tamcn ratione, ne ulteriiis ad officiapotiora provelumtur. * Ibid. can.
V. Ita tamen, ut sic officiorum suorum loca recipiant, ne possint ad altiora
efficia ulteriits promoveri.
OHAH. IV. J CHRISTIAN CHUKOLI. 483
Orange, and the Council of Turin' have canons to the same
purpose: and Pope Leo dehv(Ms it as a rule, lounded upon
the general practice ol" tlie Church, in the case of heretical
clergymen returning to the unity of the faith, that they
Were to take it as a favour, if they were allowed to continue
in the order they were in before, depri\\;d of all hopes of
further advancement.'^ Among the Greeks St. Basil has a
like rule concerning- readers,^ who were guilty of anti-nup-
tial fornication, that every such delinquent should be sus-
pended a year from his oflice, /nivwv aTTooicoTrof,', remaining'
moreover for ever incapable of attaining- to any higher sta-
tion or preferment in the Church. And Justinian, in one of
his Novels made a parallel decree concerning- readers,* that
if any of them married a second wife, or a widow, or one
divorced from a former husband, or otherwise forbidden by
the laws or sacred canons ; that he should never be advan-
ced to any other ecclesiastical order: or if by any means he
happened to be unwarilv so advanced, he should be put
down again, and reduced to his former order. This was one
of those negative punishments, which may be proper to
discourage and correct oftenoes of a lesser kind ; and so
far as it was serviceable to that end, it may be reckoned an
useful part of the discipline of the Church.
Sect. 10. — The Clergy sometimes punished by denying them the public Ex-
ercise of their Office, whilst they were allowed to officiate in private.
St, Basil mentions another piece of discipline,* which
Avas pretty peculiar; for I remember no other writer at pre-
sent that mentions it beside himself: that was to deny an
' Con. Arausican. i. can.24. Taurinen. can, vii. *Leo.Ep. iii.
ad Julianum. al. Januarium. Circa quos etiam earn canouura constitutionem
pr8ecipimus cuslodiri, ut in niagiio habeant beneficio, si ademptfi sibi omni
spe proraotionis, in quo inveniuntur ordine, stabilitate perpetufi maneant, si
tamen itcratS. tiiiclionc non fuerint maculati. ^ Basil, can. Ixix.
* Justin. Novel. 123. cap. xiv. Si lector secundam ducat uxoreni, aut
primara quidem viduam, aut separatam a viro, aut legibus vel sacris canoni-
bus in'erdictam, nequaquam ad aliura ecclesiasticum ordinem provehatur:
sed etsi ad majorem ordinem perducalur, expellatur eo, et priori restituatur.
*Baiiil. can. xvii.
2 I 2
484 THK ANTIQUITIHS OF THE [BOOK XVII.
offendinfi- cler<rviii'Tn the liborty of exercisincr his office in
public, whilst he was allowed to officiate in private. This
was a rule made by St. Basil in the case of Bianor and some
other presbyters of Antioch in Pisidia, who upon some
injury done them, had rashly sworn they would never exe-
cute the otlice of presbyters any more ; but afterward re-
penting- of their rash oath, were willing; to be admitted to
the exercise of their office again. St. Basil being' consulted
in the case, determined, that they ought to be restrained
from the public exercise of their function, because of the
scandal and offence, that might be given to many thereby ;
but still they might be allowed to otHciate in private, where
no such oflence could be taken. Tliese are the specialities
of those punishments, which the discipline of the Church
commonly inflicted on clergymen for lesser ofl'ences; which
I have the rather mentioned, because they are seldom to be
met with in the accounts of Church discipline, given by mo-
dern writers.
Sect. II. — Of Intrusion of OfiFenders into a Monastery to do Penance
in private.
To all these we may add, that in the fourth and fifth
ages, when monasteries began to be settled in the world,
notliino- was more common than to confine an ofl["endin<r
clerk to some monastery, either fir a certain term, or during-
his whole life, as the nature of his temporary suspension or
his perpetual deprivation required : there to exercise himself
in acts of private repentance for his offences. This was a
convenience rather than a punishment, giving them an op-
portunity of qualifying themselves the better either for a re-
storation to their ofhce, or for tlieir reception into lay-com-
munion : and therefore it was indifferently used both in cases
of deprivation and suspension. Many, who were only sus-
pended from the exercise of their ofhce for a certain time,
were yet confined to a monastery during that term ; as ap-
pears from one of Justinian's Novels, wliere it is ordered, that
if a presbyter or a deacon was convicted of giving false evi-
dence in a pecuniary cause, they should be suspended from
CHAP. IV.] CHRISTIAN CHURCH. 185
their ministrv for throe years, and be confined to a monas-
tery during' the time of their suspension.' And this was in
lieu of scourg'ing', which was inflicted for tliis crime upon
other offenders. The second Council of Scvile decrees the?
same in the case of a clerofvman, who deserts his own
church without his bishop's leave, and makes his residence
in anv other:' he is to lose the bad^e of liis honour and or-
dination for some time, and be bound to a monastery, till it
be proper to recall him to the ministry of his ecclesiastical
order ag-ain. But in case the punislimcnt amounted to a
total and perpetual deprivation, then th.ey were fre<]uently
sent to a monastery for their whole lives, and there they
spent the remainder of their days only in lay^communion.
Of which the canons of Agde and Epone are full proof,' to
which I refer the learned reader in the raargin.
'■o
Sect. 12. — Of corporal Punishment. How far used as apiece of Disci-
pline ujion tlic inferior Clergy.
We mav observe further, that in the same aires, when it
was the custom to shut delinquents up in a monastery, some
corporal punishment and confinement in prison also was
used, as a piece of Church discipline,- to correct the inferior
orders. I have had occasion to show before,* that the larjrer
churches had commonly tiieir Deciniica or prisons, for this
purpose; which were not any one distinct building', but
some of the Catechumenia, or Diaconica, or Secretaria, he-
longing to the church, and made use of for this end, to put
offending- clerks to a more decent confinement in them. It
' Justin. Novel. 123. cap. xx. Sufficiaf pro verberibustribus annis sepa-
rari S sacro minislerio, et monasterils tradi. * Con. Hispa-
len. can. iii. Desertorem clericuin, cingulo honoris atque ordinationis sua;
exutum, aliquo tempore monasterio relegari. al. religari eonvenit : sieque
postea in ministerio ecclesiastici ordinis revocari. " Con.
Agathen. can. 1. Si episcojjus, presbyter, vel diaconus eapitale crimen
commiserif, aut chartam falsaverit, aut testimonium falsum dixerit, ab officii
honore depositus, in nionasterium retrudatur : et ibi, qnanuliu vixerit, laicam
lantuumiodo coniniunionein accipiat. Con. F.paunen. can xxJi. Si iliaconus
ant presbyter crimen capitals eommiserit, ab officii lionore depositus, in
monastrrium retrudatur, ibi tantnmmode qu.irndiu vixeril cciiiniuuicnrni su.,
mendo. ' BooK viii. ehap. vii. see S*.
486 THE ANTIQUITIES OF THE [bOOK XVll.
has also been noted in another place,' that all monasteries
had the discipline of the whip or scourg'e among them, to
punish the junior monks and unruly offenders. And it is
OS certain it was also used for the correction of the inferior
orders among- the clerg-y. The Council of Agde mentions
it tvvic? ;- tirst as the punishment of those, who wandered
about from one Church to another, without the recommen-
datory letters of their bishop : whom the canon orders first to
be corrected by words, and then by stripes, if they remained
incorrigible upon admonition. Another Canon appoints the
same discipline for drunkenness:^ a clerk, who is convicted
of being drunken, is either to be suspended thirty days from
communion, or else to be chastised by corporal punishment.
The Council of Epone expressly distinguishes between the
superior and inferior clergy in the case :* if one of the supe-
rior clergy feast with an heretic, he is to be suspended for
a year; but one of the inferior for the same crime is to be
beaten. The first Council of Mascon orders,* that if a
clergyman be found wearing an indecent habit, or carrying
arms, he shall be imprisoned thirty days, and fed only with
bread and water. This imprisonment was the punishment
of the superior clergy: for in another Canon the distinction
is expressly made in the case of one clergyman accusing
another before a secular magistrate :^ if he was one of the
superior clergy, he was to be imprisoned thirty days ; if one
of the inferior, to receive forty stripes, save one. And this
was done in conformity to the rule in the law of Moses,
' Book vii. chap. Hi. sect. 12. * Con. Agathen. can. xxxviii.
Clericis, sine commciidatitiis epistolis episcopi siii, licentia noii pateat ova-
gandi. — Quos si vcrboruin increpatio non emendavciit, etiam veiberibus
statuimus coerceri. * Ibid. can. xli. Clericum quern ebrium
fuisse constiterit, aut triginta dioruni spafio coramunione statuimus sub-
raovendum, aut corporali subdenduin supplicio. * Con. Epau-
nen. can. xv. Sisuperioris loci clericus hseretici cnjuscunque convivio inter-
fuerit, anni spatio pacem ecclesiae non habebit; quod si ininorcs clerici
priesumpserint, vapulabunt. * Con. Matiscon. i. can. -S.
Clericus, si cum indecent! veste aut turn armis inventus fuerit, a seniore
ita <;orrccatur, ut triginta dierum inclusioue detentus aqua tautum et modico
pane diebus singulis bu>teiitetur. * Ibid. can. v. Si junior
fuerit, uno minus de quadraginta ictus accijiial ; si ctrte tionoratior, triginta
dierum inrlusiono mulctitiir.
CHAP. IV.] CHRISTIAN CHURCH. 487
that they should not exceed forty stripes ; only in case the
crime was great, they niijiht vopinit them after some days ;
^vhichis observe{i out of the Life of Ctosarius Arelatensis by
the Kite French autlior of the Historia Flagellantium,' who
cites many other writers, which need not here be mentioned.
I only add that of St. Austin,^ who says, " this way of coer-
cion was used in bishop's courts in his time ;" but whether he
means towards the clerg-y, or the laity, is not absolutely
certain. It might be towards both perhaps in lesser cri-
minal causes, that were of an ecclesiastical nature: for as to
those criminal causes, which were of a civil nature, bishops
had no power, especially in cases of blood ; in which sort
of judgments a bishop could not be concerned, without in-
currins" himself the liighest censures of the Church : but
they might have liberty to chastise the inferior clergy with
corporal correction. The law indeed in many cases ex-
empted the superior clergy from corporal punishment : as
if a presbyter or a deacon gave false testimony in a pecu-
niary cause, they might be suspended, and sent to a monas-
tery for a time, but not be corporally punished as other
men. In criminal causes it was otherwise : false testimony
in such a case deprived them of their orders, and reduced
them to the state of laymen ; and then, as other laymen,
they were liable to corporal punishment, according as the
laws required. But whether it were a pecuniary cause, or a
criminal cause, if one of the inferior orders gave false testi-
mony, in either case he was liable to suffer corporal punish-
ment : and in this consisted the difference between the su-
perior and inferior clergy in this part of discipline, as is
noted in one of Justinian's Novels,^ which helps to explain
the practice of the Church. And this is what I had to ob-
serve concerning those punishments, which by the rules of
the ancient discipline were peculiarly inflicted on the clergy
for the correction of their oft'ences.
' Historia Flagellantium. cap. v, ct vi. Paris. 1700. Svo- * Aug.
Rp. ir)*). ad Marcellin. Qui modus t-oercitioiiis, per Tirgarum vcrbera, sspe
etiam in judiciis sold ab opisc.opis adlubcri. ^Justin Novel.
*i3. cap. XX.
488 THi; ANTIQUITIES OF THE [BOOK XVII.
CHAP. V.
A particular Account of the Crimes for which Clergymen
were liable to he pujiished with any of the forementioned
Kinds of Censure.
Sect. 1. — All Crimes, that were punished with Excommunication in a Lay-
man, punished with Suspension or Deposition in the Clergy.
It remains that we now give a particular account of those
crimes, for which clergymen might be punished. And here
we must observe, that their crimes were of two sorts, such
as were common to them with laymen, and such as they
mig'ht be guilty of in transgressing the rules particularly
relating to their office and function. Of the former sort, I
need not discourse particularly here, because I have done it
largely in the last Book, where I examined the nature of the
several great crimes, for which a layman might incur the
censure of excommunication: there being only this g-eneral
difference to be observed between the crimes of a laic and an
ecclesiastic, that what was commonly punished with excom-
munication in a layman, was ordinarily punished with sus-
pension or deposition in a clergyman ; or, if the crime was
very scandalous and flagrant, with excommunication also. For
this reason I here pass over the great crimes of idolatry,
divination, magic, sorcery, and enchantment, apostacy, he-
resy, schism, sacrilege, and simony ; which are crimes against
the first and second commandment in the decalogue: as also
blasphemy, profane swearing, perjury, and breach of vows,
against the third commandment: all violations of the law
enjoining the religious observation of the Lord's day, against
the fourth commandment : all disobedience and disrespect to
parents,and treason and rebellion against princes,and general
contempt ofthe laws of the Church, infringing the obligations
of the fifth commandment: all the species of murder against
the sixth commandment ; nndall species of unoleanness and
criAP. v.] CHRISTIAN CHURCH. 489
intemperance ag-alnst the seventh : all kinds of tlieft, fraud
oppression, and injustice against the eighth : and all kindn
of false testimony, lilH^lino-, informing, oahimny, and slan-
der, ag-ainst the ninth commandment; because 1 liave already
spoken of all these in particular, and shewn, that as they
were punished with excommunication in the laity, so they
were commonly punished with suspension or deprivation,
and sometimes with excommunication in the clergy also.
But besides these crimes, common both to laity and clerg-y,
there were many transgressions and offences, that might be
committed by the clergy against the particular rules of their
function and profession : and of these we are here to make a
more special inquiry. Some of these respected their entrance
upon their office ; others, their behaviour in it. We will
now speak particularly, but briefly and succinctly, of both.
Sect. 2.— Some Crimes rendere(3 an Ordination originally void, and for such
the Clergy were immediately iiable to be degraded from their very first
Ordination. As, first, for Ignorance or Heterodoxy in Religion.
Some qualifications were originally required in the clergy
as necessary at their entrance upon the clerical life and
function : and therefore certain rules were prescribed for a
due examination and inquiry into these, before their ordina-
tion ; and a defect in any of these qualifications, or a trans-
gression against any of these rules, was enough to render
an ordination null and void ab origine : so that the clergy
thus ordained, were liable to be degraded or deposed imme-
diately from their very first ordination. Of these qualifica-
tions, as I have had occasion to shew more at large in a
former Book,* some respected their faith and knowledge,
others their former life and morals, and others their outward
quality and condition in the world: and a defect in any of
these qualifications, or a transgression of any of the rules
prescribed, was in the common course of the discipline of
the Church a suflficient reason to depose a clergyman as
soon as he was ordained. The first and principal qualifica-
Book iv. chap, iii
490 THE ANTIQUITIES OF THE [bOOK XVII.
tion, so necessarily required, was an orthodox faith, and a
competent knowledg-e in the Scriptures and all thing-s relat-
ino- to the exercise of his function: and if either a bishop
was ordained without such an examination, or without such
qualifications, both the ordainer and the ordained were im-
mediately to be deposed. The words of Justinian's law are
very express in this business:' " if any bishop is ordained con-
trary to the forementioned observation, we command, that
both he, who is so ordained, be deposed, and also the bishop
who so illegally ordained him."
Sect. 3.— Seconcllv, for Immorality and Transgressing any of the known
Rules of Ordination.
Another strict inquiry was to be made into men's morals ;
and if in any notorious instance they had formerly been cul-
pable and scandalous, their ordination was forbidden ; or if
by ignorance orsurreption they were ordained, they were im-
mediately upon discovery and conviction to be suspended, if
not deposed. Thus in the Council of Neocassarea we find
a rule,'^ that if a presbyter confessed, that before his ordina-
tion he had been guilty of corporal uncleanness, he was no
longer to be allowed to offer the sacrifice of the altar.
This sin always made a man irregular, though some were of
opinion, as the canon intimates, that other sins were done
away by ordination. The canons further required, that a
man should be no digamist, or twice married, nor married
to a widow, nor to any, that had been divorced from another
man: and if any such were ordained, by the same rule
of Justinian, they were immediately liable to be deposed.
It was forbidden likewise to ordain any man aVoXeXu/iivwcy
that is, without fixing him to some parlicuhir diocese or
Church: and the ordination of any one contrary to (his rule,
is by Pope Leo^ pronounced vain ; and by the great Council
' Justin. Novel. 137. cap ii. Si quis autem prjeter momoratam obser-
vationem episcopus ordinetur, jubemus et ipsum omnibus niodis episcopatu
dejici, ot eum (\\u contra talem obsorvationem eum ordinary ausus fuerit.
» Coll. Neocaisar.can. ix. Vid. Con. Nic. can. i\. el x. Con. Eli-
bcr. can. l.iXTi. '' Leo. Ep. xcii.ad Iliisticum. cap. i.
CHAP, v.] CHRISTIAN CHURCH. 491
of Chalcodon,' null and void. It was another rule of this
kind, for the preservation of g-ood order in the Church, that
no bishop should ordain another man's clerk without his
consent: and if any one did so, the g-reat Council of Nice,^
and the Council of Sardica,-* and the second of Aries,* pe-
remptorily pronounce all such ordinations null and void. It
was required in the election and ordination of a bishop, that
there should be the general consent of these four parties,
the clerg-}', the people, the provincial bishops, and the me-
tropolitan : and ordinations performed in derogation to any
part of this rule, are by abundance of canons declared abso-
lutely void, and bishops so promoted are appointed to be
deposed. The Council of Antioch, is express in requiring
the presence, or consent of the provincial bishops* and Me-
tropolitan ; decreeing, that an ordination performed contrary
to this rule, shall be of no force, /xtjocv laxviiv. The Coun-
cil of Rie7/' fortius reason actually degraded Armentarius,
bishop of Ambrun, because he had neither the general con-
sent of the provincial bishops, nor the metropolitan, but
was clancularly ordained by two bishops without the know-
ledge of the other parties chiefly concerned. The canons,
in the Latin Church especially, are altogether as peremptory
and plain in disannulling all ordinations of bishops to any
place against the general consent of the people. Let no
bishop, says one of the Councils of Orleans,^ be imposed
upon a people against their wills. Nor let the clergy and
people be constrained to give their consent by the op-
pression of any potent persons. If any such thing is done,
the bishop, who is so ordained rather by violence, than any
' Con. Chalccd. can. vi. See more of this Book iv. chap. vi. sect. 2.
2 Con.Nic. can. xvi. ^ ('on. Sardic. can. xv.
♦ Con. Arelat. ii.c. 13. * Con. Antioch. can. xix.
• Con. Rheo-iense, can. i. Ordinationem, quam canones irritam definiunt,
nos quoque vacuandanicssecensuinuis, in qua prffitennissa trium prsescntia,
necexpetitiscomprovincialium Uteris, nictropolitani quoque voluntate neg-
lects, prorsus nihil, quod episcopuni faceret, vstensuiu est. Vid. (on.
Arelat. ii. can. 6. Con. Aurelian. v. can. 10. ' Con. Aurelian.
can. xi. NuUus invitis detur episcnpus, &c. quod si factum fuerit. ip>eop!S-
copus, quimagisper violcntiam quam per decrctum legitimum ordinatur, ah
indepto ponlificatus honore in pcrpetuuni deponatur.
492 ' THE ANTIQUITIES OF THE [bOOK XVII,
legal decree, shall be deposed for ever from the honour of
his priesthood. In like manner the Council of Chalons,* " a
bishop shall not be chosen to any city any other way, but by
the consent of the provincial bishops, the clergy, and the
people : if otherwise, the ordination shall be null and void."
To this ag-rees the resolution of Pope Leo,^ in answer to the
queries of a French bishop, that '' reason will not allow those
to be received as bishops, who were neither chosen by the
clergy, nor desired by the people, nor consecrated by the
provincial bishops with the judgment of the metropolitan."
And that rescript of Honorius concerning the election of
the bishop of Rome,^ that if two bishops were ordained by
two contending parties, neither of them should be bishop,
but one who was chosen out of the clergy by the judgment
of the provincial bishops and the consent of all the people.
So that if any bishop was ordained against these rules, his
ordination was void, and he was liable to be deposed, as
soon as he was ordained. So if any bishop was ordained,
who was before under the sentence of deposition, his ordi-
nation was null, as was declared in the case of Timotheus
^lurus, by several provincial councils related in the acts
of the Council of Chalcedon.* If a bishop was ordained
into a full see, where another was regularly ordained before
him, his ordination was of no effect: he was to be reputed
as no liishop, but to be rejected as an adulterer, an Intruder,
an invader of other men's rights, and a wolf only in sheep's
clothing- : which was the answer, that Cyprian^ gave in the
' Con. Cahillon. i, can. 10. Si quis episcopus dequTicunqup civitatefuerit
defunctus,non abalio nisi iicomprovincialibus, clero et civibus suis altcrius
habeatur electio : sin aliter, hiijusordinafioirrifa liabeatur.
" Leo. Kp. xcii. ad Riisticum Narbon. cap. i. Nulla ratio sinit. ut inter epis-
copos habcantur, qui nee a clericis sunt electi, nee a plebibus expetiti,
ncc :i provincialibusepiscopis cum metropolitani judicioconsecrati.
^ Ilonorii Rescript, ad Donifac.ap. Crab, torn i.
p. 491. Si duo contra fas tcmeritate certantes, t'uerint ordinati, nullum ex his
futurum pcnitus sarerdotcm ; sed ilium solum in sede apostolicfi perniansti-
rum, quern ex numero clericoruni, nova ordinatione divinum judicium ct uni-
versitatis consensus elegerit. * Synod. Cappadocire in act. Con.
Clialced. par. iii. Synon. Galatisr. Ibid. cap. Ivii. Synod. Paphlagon.
cap. liv. Synod. Corintii. mp. lyi. ' ^ ypr. Kp. Iv. ad An-
tonian. p. 104.
CHAP, V.J CHRISTIAN CHURCH. 493
case of Novatiun ; and the Council of Sardiea in Hilary's
collection ;' and the oriental bishops and synods* in the fore-
rnentioned case of Tiinotheus ilClurus, mentioned both by
Liberatus, and their own acts in the end of the Council of
Chalccdon. In like manner it was a rule in the Church,
that no energumen, or persons possessed with an evil spirit,
should be ordained: or if any such, by any chance or mis-
take were ordained, he was immediately to be deposed.
This is very expressly decreed in the first Council of Orang'e.*
" Energ'umens are not only not to be taken into any order of
the clerg-y, but those who are already ordained, shall be
removed from their office also." "There is a necessity of re-
moving such demoniacs," says Gelasius,* " lest such ministers
should scandalize the weak, for whom Christ died." It was
another rule of the Churcl', that no one, who had voluntarily
disfigured or dismembered his own body, should ever be ad-
mitted to any sacred order ;^ and therefore if any such were
actually ordained, by the order of the great Council of Nice*'
they were to cease from officiating ; to be secluded from
the clerical function, as soon as discovered, according to
the decree of Gelasius ;' or, as the Roman Council under
Hilary words it,^ if any such crept into orders, the bishop
who consecrated them, was obliged to nullify and dissolve
his own act, as soon as the fraud was discovered. Another
rule was, that no person who was unbaptized, or irregularly
baptised without the due form of baptism, should be admit-
ted to holy orders : and for this reason the Council of Nice^
ordered all such as were ordained by the Paulianists, to be
both rebaptised and reordained, if they were otherwise found
qualified for their function. A like order was made con-
' Hilar. deSynodis, p. 128. ^ Liberal. Bieviar. cap. x v. Acta
Con. Chalced. par. iii. epist. 38, 39, 4.1. * Con. Arausican. i.
can. 16. Energumeni non solum nonassumeudi sunt ad uUuraordinem cleri-
catQs, sed et illi qui ordinati jam sunt, ab iniposito officio sunt repellendi.
♦ Gelas. Ep. ix. ad Episc. Lucaniaj, cap.xxi. Necessario rcmover.di sunt,
ne quibuslibet, pro quibus Christus est mortuus, scandalum geueretur infirmis.
* Vid. Canon. Apost. xxi. Con. Arelat. ii. can. 7. "Con. Nic.
can. i. ' Gelas. Ep. ix. cap. 19. * Con. Rom. can. iii.
» Con. Nic. can. xix.
494 THE AN'IIQUITIES OF THE [BOOK XVII.
cerning- all such as were baptised among- heretics, or re-
baptised by them; that no such should be ordained: and if
any of eitJier kind were surreptitiously admitted to orders,
they were to be deposed, under penalty of deposition to the
bishop himself, who should presume either to ordain any
such,* or not remove them when fraudulently ordained by
others. If any one made use of the secular powers to gain
a promotion in the Church, by a rule of the Apostolical
Canons he was to be deposed f and all that communicated
with him, were to be suspended from Christian communion.
If a bishop ordained any of his unworthy kindred for mere
favour, by a rule of the same Apostolical Canons the ordi-
nation was null, and the bishop himself was to be suspen-
ded.^ And to this agrees the order made in the tenth
Council of Toledo to the same purpose.* If a bishop or-
dained his own successor, by a rule of the Council of
Antioch his ordination was null,* beca«jse it was clandes-
dinely done without the consent of a provincial synod. Or
if a bishop was ordained only by two bishops, for the same
reason he was liable to be deposed, because it was done
against the rule, which required the concurrence of the me-
tropolitan and the provincial synod. Therefore the first
Council of Orange ordered in such a case,*^ that if two
bishops presumed to ordain a bishop by themselves, both
the ordaining bishops were to be deposed; and if the bishop
was ordained against his will, he should be put into the
place of one of the deposed bishops : but if he was ordained
by his own consent, then he also was to be deposed, that
• Felic. iii. Ep. i. c. 5. Qui in qufilibet aetate, alibi qiiam in ecclesifi catholicS,
autbaptizati aut re-baptizati sunt, ad ecclesiasticam niilitiani prorsusnonad-
mittantur. — Quoniam de suo ordine et comirunione videbitur fcrre judicium,
quisquis hoc violavcrit institiituin, vel qui non removeiit euin, quein ex eis
ad ministerium cleiicaleobrepsisse cognoverit. ' Canon. Apostol.
can. XXX. ^ Canon. Apost. Ixxvi. * Con. Tolet. x.
can. 3. * Con. Antioch. can. xxiii. <> Con. Araiisic. i.
can. 21. Duo .si prxsumpsciitordinarc episcopum, placuit de pra.*sumptori-
bus, ut sicubicontigi'iit, duos episcopos invituuiei)iscopuiu faccro, auctoribus
damnntis, unius eoruin ccclesiee, ipse, qui vim passus est, substituatiir : si
voluntarium duo (eccrint, et ipse damnabilur, quo cautivis eu, qunc sunt an-
tiquitus in»tituta, servenlui.
(;hai'. v.] christian church. 4i)
the rule prescribed by the ancient Canons mig-ht be more
cautiously observed. And the C(-unciI of Riez,' actually de-
posed Arinentariiis, bishop of Ambrun, for this very reason,
because he had not tliree bishops to ordain him. All these
were trang-ressions against the known rules of ordination, and
imputed to men as immoralities, because they were violations
of those good rules and orders, which were made with
g-reat wisdom for the regular g-overnment and benefit of the
Church. And therefore if in any of these cases a crime
was committed, the ordination was liable to be declared void
originally by the discipline of the Church; and the clergy
so ordained, might be deposed, as soon as they were or-
dained, for the oftences committed in their ordination. It
is true indeed, the Church did not always actually depose
such: but then she dispensed with her own rules, and such
dispensations were only matters of favour and indulgence, in
some special cases, when the Church for prudential reasons
thought fit to relax her discipline, and grant men such allow-
ances, as in strictness of law they could not challenge: the
general rules of discipline were still in force, though the
Church did not always think it proper to put thern strictly
in execution.
Sect. 4. — No Remedy allowed in this Case by doing public Penance for
Offences.
Neither was it any remedy in this case, that men made a
solemn atonement for their crimes before the Church, by
doing public penance for them. For this was so far frpm
opening their way to a regular ordination, that it was one of
those things, that rendered them incapable of it ; or if by
any secret methods they had attained it, this was thought a
sufficient reason to withdraw their orders, and degrade them.
No one that has done public penance, says the fourth Coun-
cil of Carthage,^ shall be ordained a clerk, though he be
' Con, Rhegiens. can. i. ' Con. Caith. iv, can, 68, Ex pceni-
tentibus, quamvis sit bonus, clericus non ordinetur. Si per ignorantiara
episcopi factum fuerit, deponatur a clero, quia se ordinationis tempore uon
prodidit fui-sse pcenitentem.
496 TJIK ANTIQUITIES OF THE [bOOK XVII.
otherwise a g"oocl man : or if by concealment from the
bishop's knowledge this happen to be done, the clerk shall
be deposed, because he confessed not at the time of his or-
dination, that he had done penance in the Church. After
the same manner the Roman Council under Pope Hilarius
makes the doing- of public penance as much a bar to a
man's ordination, as the profoundest ignorance, or mangling
his own body :^ and declares, that whatever bishop conse-
crates any such, he shall be obliged to reverse and cancel
his own act; that is, immediately deprive them of their or-
ders, and degrade them. The like was determined by Pope
Innocent in the case of one Modestus, who after he had
done penance for many crimes, not only was ordained a
clergyman, which was against law, but also aimed at a
bishopric. His determination upon the point is this ; that he
ought not only to be defeated in his expectation of a bishop-
ric,^ but according to the Canons of Nice be removed
from all office among the clergy.^ The third Council of
Orleans enacted the same: no one shall be promoted to holy
orders, who has either been married to two wives, or mar-
ried a widow, or done public penance, &c. And if any
bishop wittingly act against these rules, he that is ordained
shall be deprived of his office, and the bishop himse.f for
six months sequestered or suspended from his ministration.*
The Council of Agde a little moderates the punishment/ al-
lowing such presbyters and deacons, who had done pe-
nance, to retain the name and honours of their orders, but
forbidding deacons to minister the cup, or presbyters to
consecrate the oblation of the altar. And the first Council
of Toledo degrades them," not totally, but allows deacons,
thus ordained out of penitents, to take place among- the
sub-deacons, that is, in the next inferior order. Thus one
' Con. Roin. can. iii. Inscii quoque literaruin, necnon etaliqua meinbro-
runi dainna jjerpessi, et hi qui ex jjoenitentibus sunt, ad sacros ordines ad-
spirare non audeant. Qnisquis talium consecrator extiterit, factum suuni
ipse dissolvet. * Innocent. Ep. vi. ad Episcopos Apuliae, Non solum
ab fpiseopatus anibitione, sed ctiani a clericatfis reiuovealur officio.
'Con. Nic. can. ix. ot x. * Con. Aiirelian. iii. can . 6. * Con.
Agathen.can. xliii. '^ Con. Tolet. i. can -J.
CrtAP. v.] CHRISTIAN CUUftCH. 497
way or other, every clerg-yman, who had done penance
whilst he was a hiyman, was corrected and punished, for not
declaring-, wlien he was ordained, that he was in such a
state, as by the rules of the Church was made a just impe-
diment to his ordination : and it was always thoug-ht scan-
dalous and offensive, to allow any man to officiate as a pub-
lic minister, who had before been a public penitent in the
Church. The Church could admit them to pardon and re-
conciliation after penance, but would not allow them to as-
pire to any dignity, or continue them in any sacred office of
the clerical function.
Sect. 6.- Some Impediments of Ordination arising from Men's outward
State and Condition in tlio World, made sometimes Occasion of their
Deprivation.
There was another sort of impediments of ordination,
which as I observed, arose not from any criminal action in
men, but barely from their outward state and condition in
the world ; because it happened to be incompatible and in-
consistent with the duties of the sacred order: and therefore
many strict rules were made to prohibit the ordination of
men in such a capacity, and to remove them back ag-ain from
the clerical to a secular state, if they happened to be unwa-
rily ordained ag-ainst any such prohibitions. Thus to in-
stance in a few particulars. The military calling, (under
which, as I have shewn in another place,^ were compre-
hended not only the armed soldiery of the camp, but also
all officers of the emperorV palace, and all apparitors and
officials of judges or governors of provinces,) I say, the mi-
litary calling in this comprehensive sense was reckoned in-
consistent with the duties of the clerical life: because the
men of this vocation were tied by the laws to the service of
the empire ; and therefore the laws both of church and state
forbad the admission of them into any order of the Church ;
and if they were admitted by any fraud or mistake, they
were liable to be deposed, and returned back to their ancient
' Book iv. chap. iv. sect. 1.
VOL. VI, 2 K
498 THE ANTIQUITIES OF THF [BOOK XVII.
service. The Church had another reason also for refusing
the soldiers of the camp, because probably they had em-
brewed their hands in blood, and no such were capable of
ordination. Therefore, when some such were got into or-
ders in the Spanish Churches, Pope Innocent wrote a sharp
letter to the synod of Toledo, telling- them, that by reason
of the numbers of those who had been so ordained, it was
proper to suffer them to continue, for fear of giving dis-
turbance to the Church, and to leave them to the judgment
of God : but for the future, if any such were ordained, both
the ordainers and the ordained should be deposed.* And
the Council of Toledo so far complied with his admonition,'
as to decree, that if any soldiers had been admitted to any of
the inferior orders, they should never rise higher than to the
dio-nity of deacons in the Church. The ordination of slaves
and vassals was prohibited upon the same account, because
they were tied by the law to the service of their temporal
masters : so likewise all members of any civil company, or
society of tradesmen, because they were tied to the service
of the commonwealth : and all those, who went by the name
of Curiales, or Decuriones, in the Roman Government ;
being members of the Curia, that is, the court or com-
mon-council of any city, to whose service they were
tied by virtue of their estates and possessions. The ordi-
nation of all these sorts of pien was generally forbidden
both by the laws of Church and state: and if any such
were irregularly ordained, masters had liberty to reclaim
their slaves ; and the state her soldiers ; and any corporation
or curia, their deserting members : and the Church, except
in some special cases, was bound to depose them, and
readily consented to restore them to their ancient secular
station and employment again. Of all which I have given
' Innocent, Ep. xxiv. ad Synod. Toletan. cap. ii. Quicunque tales ordi-
uati fuerint, cum ordinatorihus suis deponantur.
* Con. Tolet. i. can. 8. Si quis post baptismum inilitavirit etiamsi
gravia non admiserit, si ad cleruin aduiissus fucrit, diaconii non accipiat
dignitatem.
CHAP, v.] CHRISTIAN CHURCH. 499
a largo account in a I'orinor book,' and hero only iilnt thorn
to exphiin tlio discipHne of the Church,
Sect. 0. — What ('rimes niiffhl occasion the Deprivation of tlie Clergy, or
oilier Censures, in llie Performance of tlieir Office. 1. Clergymen to be
censured for Contempt of the Canons.
We have hitherto considered the causes and occasions of
men's deprivation, arising- from some irregularities committed
in their entrance upon the clerical office: we are next to
view what crimes might occasion their deprivation, or
make them liable to other censures, in the performance of it.
And here in the first place it may be noted in general, that a
clergyman was ever liable to be censured for any contempt
of the Canons. Concerning- which there are directions given
in the first Council of Carthage,^ and Turin, and Braga, and
several others: but as these equally effect both clergy and
laity, I need not be more particular in relating them at
length, having done it once before in the general account
of discipline in the former book.^
Sect. 7.-2. For Negligence in their Duty.
2. They were more especially liable to censure for negli-
gence in their office, or any great irregularity committed in
the execution of it. If a bishop or a presbyter be negligent
toward the other clergy or people, not instructing them in
the ways of godliness, he shall be suspended, says the apos-
tolical Canons:* and if he continues in his neglect and sloth-
fulness, he shall be deposed. This neglect is termed sacri-
lege in the civil lavv,^ and accordingly to be punished under
that denomination.
Sect. 8. — 3. For neglecting to use the public Liturgy, Lord's Prayer,
Hymns, &c.
3. If the clergy neglected to use the public liturgy, or
' Book iv. chap. iv. sect. 2, &c. * Cou. Carth. i. can. xiv.
Con. Taurin. can. ii. Con. Bracaren. i. can. 40. ^ Book xvi.
chap. ix. rect. 5. * Canon. Apost. Iviii. * Cod.
Theod. lib. xvi. tit. ii. de Episcopis. Leg. xxv.
2 K 2
500 THE ANTIQUITIES OF THE [bOOK XVII
any part of it, the Lord's Prayer, the stated and received
Hymns, &c. they were liable to censure and condemnation.
The 4th council of Toledo has several Canons to this pur-
pose. If any priest or inferior clerk, says one canon,* neg^-
lect to use the Lord's Prayer daily, either in public or in
private, let him be condemned for his pride, and be deprived
of the honour of his order. Another establishes the use of^
the common prayers, and the doxology, Glory be to the
Father, &c. and the Hymns of St. Hilary and St. Ambrose,
composed in honour of the apostles and martyrs, under the
penalty of excommunication to any priest in Spain or Gal-
licia, that should presume to reject them. Another confirms
the use of the Hymn of three children under the same
penalty.^ A fourth Canon orders after what manner and
form the Gloria Patri shall be sung- by all ecclesiastics :*
and a fifth appoints the reading of the Apocalyps at a cer-
tain season of the year, between Easter and Pentecost,* de-
nouncing" the same sentence and punishment of excommu-
nication to any, who should either reject the book as unca-
nonical, or neglect to use it in divine service according to
appointment.
Sect. 9. — 4, For making any Alteration in the Form of Baptism.
4. If a minister made any material alteration in the man-
ner of administering the sacraments, he w as liable to be de-
posed for his presumption ; as if he either changed the
general form of words used in baptism, or the trine immer-
sion received by universal custom in all Churches. If any
bishop or presbyter, says one of the Apostolical Canons,^
baptize not according to the commandment of the Lord, in
• Con. Tolet. iv. can. 9. Quisquis sacerdotum vel subjacentium clerico-
rura, orationem dominicam quotidie aut in publico aut in private officio prs-
terierit, propter superbianijudicatus, ordinis sui honore privetur.
* Ibid. can. 12. Sicut orationes, itaet hymnos in laudem Dei composites,
nullus nostrQm uUerius improbet, sed pari modo in GalliciS Hispanifique
celebrent, exconimuiiicatione plectendi, qui hymnos rejicere fuerint ausi.
' Ibid. can. 13. Communionem amissuri, qui antiquam hujus hymni con-
suetudinom, nostramque definilionein excfsserint. ♦ Ibid. can. li,
* Ibid. can. 16. ^ Canon. Apobt. xlix.
CHAP, v.] CHRISTIAN CHURCH. 501
the name of the Fatlicr, Son, and Holy Ghost: but in three
unoriginated being-s, T()ac 'Arapx«C> or three sons, or three
paracletes, let him be deposed. And the next Canon says,
if a bishop or presbyter use not three immersions in the
mystery of baptism, but only one immersion into the death
of Christ, let him be deposed. For the Lord said not, bap-
tize into my death, but, "go teach all nations, V)aptizing-
them in the name of the Father, and of the Son, and of thp
Holy Ghost."
Sect. 10. — 5. For not frequenting Divine Service daily.
5. If any clergyman neglected to frequent the Church
and divine service daily, even when he did not oHiciate or
celebrate himself, he was liable to be deposed, if after ad-
monition he persisted obstinately in his contempt. To this
purpose it is decreed by the first Council of Toledo,* that " if
any presbyter, deacon, or subdeacon, or other clerk deputed
to the service of the Church, being in any city or place
where there is a church, or castle, or village, or hamlet,
shall neglect to come to church and the daily sacrifice, he
shall be no longer accounted a clerk, unless upon admoni-
tion from the bishop he make satisfaction, and obtain pardon
for his ofl'ences." The council of Agde reduces such to the
communion of strangers,^ that is, suspends them from their
office: and the law of Justinian orders them to be degraded,'
because of the scandal they give to the laity by such neg-
lect or contempts of divine service.
Sect. 11,-6. For meddling with secular Offices,
6. If any clergyman entangled and embarrassed himself
in secular offices, because this was an unnecessary avoca-
tion from his own employment, and hindrance to the proper
' Cou.Tolet. i. can. 5. Presbyter, vel diaconus, vel subdiacopus, vel
quilibet ecclesia; depulatus clericus, si intra civitatem fuerit, vel in loco in
quo ecclesia est, aut castellaaut vici sunt aut villffi, si ad ecclesiam aut ad
sacrificiuni quotidianum non vencrit, clericus non. habeatur, si castigatus,
per satisfactionem veniani ab episcopo noluit proniercri. ■* Con, Aga-
tben. can. ii. ^ Cod. Just. lib. i. lit. iii. dc Kpiscopis. log. xli. u. 10.
502 THE ANTIQUITIES OF THE [BOOK XVII.
business of his calling", he was liable to be deposed. No
bishop or presbyter, says one of the Apostolical Canons,^
shall thrust himself ticSr)/jo(TtacS<otKj](T£tC) into any public ad-
ministrations or employments, but keep himself always in
readiness for the service of the Church. Let him therefore
either incline his mind not to do this, or let him be deposed.
For no man can serve two masters, according' to what the
Lord appointed. And another Canon says,^ a bishop, pres-
byter, or deacon, that employs himself in a military life, and
would retain both a Roman office and an ecclesiastical func-
tion tog-ether, shall be deposed. For we must" render unto
Caesar the thing's which are Caesar's, and unto God the things
that are God's." The first council of Carthag-e forbids^
clerg-ymen to take upon them the administration or steward-
ship of any houses, because the apostle says, " no man that
warreth "in God's service," entangleth himself in the affairs
of this life." Therefore clergymen must either quit their stew-
ardships, or stewards their clerical office. But because ne-
cessity or charity might seem to require clergymen to
engage a little in secular affairs in some special cases, the
Council of Chalcedon delivers the rule with some distinc-
tion.* Whereas we are informed, that some of the clergy for
filthy lucre's sake hire other mens possessions, and exercise
themselves in worldly affairs, neglecting the service of God,
living in the houses of secular men, and taking upon them
the management of their estates out of covetousness and the
love of money; the holy synod decrees, that henceforth no
bishop, clergyman or monk shall either hire any possessions
or put himself into any secular administrations, unless by
the law he be called to the unavoidable care or guardianship
of orphans, or the bishop of the place permit him to be
the procurator of the Church revenues, or to take the care of
widows and orphans and such other helpless persons as need
the assistance of the Church, which may be done in the fear
of the Lord. If any one henceforward transgress these rules,
' Canon. Apost. Ixxxi. "■' Ibid. can. Ixxxxiii. Vid. can. vii.
ibid. KOfffiiKut; ^povriSag firj avn\afi(iavtTti>' t'lCt fiij KuOaipiia^w.
* Con. Carth. i. can. 6. * Con. Clialced. can. iii.
CHAP, v.] CHRISTIAN CHURCH. 503
he shall be liable to ecclesiastical censure. There are many
other laws forbidding them to be sureties, or pleaders at the
bar for thomsolves or others in any civil contest, or to follow
any secular trade or merchandise; but these with some limi-
tations and exceptions; of all which, because I have had
occasion to discourse more fully in a former book,' I need
say no more in this place.
Sect. 12. — 7. For deserting their own Church without Licence to go to
another.
T. It was another crime of the like nature, for a clerg-yman
to desert and relinquish his own church, to which he was
originally fixed and appointed by his ordination, without
licence, from the bishop to whose jurisdiction he belonged.
For though this was not properly an absolute and universal
renunciation and desertion of the Church's service ; yet it
was a manifest breach of good order, and a transgression of
an useful rule established by often repeated injunctions over
the Church universal, that no clerk should leave his own
bishop's Church or diocese without his consent, nor find re-
ception in any other, to the prejudice of the bishop who first
ordained him. If any presbyter, deacon, or other clerk, say
the Apostolical Canons,^ forsake his own diocese to go to
another, and there continue without the consent of his own
bishop ; we decree, that such an one shall no longer continue
to minister as a clerk (especially if after admonition he refuse
to return) but only be admitted to communicate as a layman.
And if the bishop, to whom they repair, shall entertain them
in the quality of clergymen, he shall be excommunicated, as
a master of disorder. The same rule is frequently repeated
in the ancient Canons, to which I have referred the reader^
in another place.
Sect. 13. — 8. For officiating after the Condemnation of a Synod.
8. If anv clergyman pretended to oflficiate after he was
• Book vi. chap. iv. sect. 9, 10, 11, &c. * Canon. Apost. 16 et 16.
' Book vi. chap. iv. sect. 4.
504 THE ANTIQUITIES OF THE [bOOK XVII.
censured and condemned by a synod, before he was absolved
by that or another synod, he was to be deposed for his con-
tempt, without hopes of restitution. This was first decreed
in the Apostolical Canons :' if any bishop, presbyter, or
deacon, who is justly deposed for his crimes, presume to
meddle with the service belonging to his order, let him be
wholly cut oiF from the communion of the Church. The
Council of Antioch repeats this rule a little more explicitly :'
If any bishop, who is deposed by a synod, or presbyter, or
deacon, who is deposed by his own bishop, presume to offi-
ciate in their ministry, they shall have no hopes of being re-
stored even by another synod, nor any room left for satis-
faction : and all that communicate with them, shall be cast
out of the Church, especially if they do it after they are
apprised of the sentence pronounced against them. This
panon is repeated and confirmed by the great Council of
Chalcedon,^ as a standing rule thepi inserted into the code
of the universal Church,
Sect. 14. — 9. For appealing from the Censure of a Provincial Synod to
foreign Churches.
• 9. In this case the Church allowed of appeals, that if any
one was injured or oppressed by any rash or violent pro-
ceeding, he might have justice done him in a provincial
synod. But then this liberty of appeals was limited to the
place or province where the party lived, and he might not
fly to another country under pretence of more impartial jus-
tice. The bishops of Rome indeed sometimes laid claim to
a peculiar prerogative in this matter, as if they had power to
receive appellants from other Churches, and hear and de-
termine the causes arising in foreign countries at the great-
est distance and under different jurisdictions: but St. Austin
and the African Fathers stoutly opposed these encroach-
ments, and withal made a decree, that if any African clerk
appealed from the sentence of his own bishop, or a synod of
' Canon. Apost. xxviii. * Con. Antioch. can. iv.
" Cou. Chalccd. act. iv. Con. torn. iv. p. 53B.
CHAP, v.] CHRISTIAN CHURCH. 505
select judges, he should appeal to none but African synods,
or the primates of the provinces. And if any presumed to
appeal beyond seas, meaning- to Rome, he should V)e exclu-
ded from all communion in the African Churches. This
decree was first made in the Council of Miievis,' and after-
ward confirmed by several acts of their general synods, made
upon the famous case and appeal of Apiarius, an African
presbyter, whom Pope Zosimus pretended to restore to com-
munion after he had been deposed by an African council.
What opposition the African Fathers made to this presump-
tion, during the lives of three Popes successively, Zosimus,
Boniface, and Celestin, and what arguments they went upon,
I have formerly^ shewn out of the canons of the African^
Code : and I only note it here with all brevity, to explain
the ancient discipline in this point from the current tenour
and practice of the Church,
Sect. 16. — 10. For refusing to end Controversies before Bishops, and
flying to a secular Tribunal.
10. Another thing, which subjected clergymen to eccle-
siastical censure, was refusing to end their controversies be-
fore bishops, and chusing rather to fly to the secular tribu-
nals. The laws of the state permitted, and the laws of the
Church obliged them to bring all their disputes with one
another under the cognizance of an ecclesiastical tribunal.
I have had occasion, once before,* to speak of this as a pri-
vilege and immunity granted to the clergy by the imperial
laws, and all I shall remark further concerning it here, is
only what relates to the discipline of the Church : in refer-
ence to which the Council of Chalcedon decreed,* that if
any clergyman had a controversy with another, he should
' Con. Milevit. can. xxii. Quod si et ab eisappellandum putaverint, non
provocent nisi ad Africana Concilia, vel ad primates provinciarum suarunr.
Ad transraarina autem qui putaverit appellanduni, a nuUo intra Africam in
communionosuscipialur. '^ Book ix. chap. i. sect. 11.
* Cod. Afric. a cap. cxxxv. ad cap. cxxxviii. * Book v. chap. i.
sect. i. * Con. Chalced.can. ix. Vid. Con. Vencticuui. can. ix.
506 THE ANTIQUITIES OF THE [bOOK XVII.
not leave his own bishop, and betake himself to a secular
court; but first have an hearing- before his own bishop, or
such arbitrators as the parties should chuse, with the
bishop's approbation. Otherwise he should be liable to
canonical censure : which censure in the African Church was
the loss of his place, whether he were bishop, presbyter, or
deacon, or any other inferior clerk, that declined the sen-
tence of an ecclesiastical court, in a criminal cause, and be-
took himself to a secular court for justice: or if it was a
civil cause, he must lose whatever advantage he gained by
the action, as the third Council of Carthage determined in
the case,' because he despised the whole Church, in that he
could not confide in any ecclesiastical persons to be his
judg-es. The Council of Milevis added to this,^ that no cler-
gyman should so much as petition the emperor to assig-n him
secular judges in any case, but only ecclesiastical, under
pain of deprivation. And this seems to be the true meaning
of those two famous Canons of the Council of Antioch,
which have been so generally mistaken by modern authors,
as if they had been made only by a cabal of Arians, against
the person of Athanasius, when indeed they contain nothing
but an ancient rule of discipline universally observed
throughout the Church. The words of the Canons are
these :^ if any bishop, or presbyter, or any one within the
canon or roll of the clergy belonging to the Church, shall
presume to address the emperor without the consent and
letters of the provincial bishops, and especially of the metro-
politan, he shall be rejected and expelled, not only from
communion, but from whatever honour and dignity he en-
joys, as one that tills the prince's ears with troublesome com-
plaints, against the law of the Church. But if any neces-
sary cause call him to address the prince, he shall do it by
the advice and consent of the metropolitan and the rest of
the provincial bishops, who in that case shall assist him with
' Con.Caith. iii.can. 9. » Con. Milevit. can. 19. Quicmiquc
ab iniperatore cognitionem judiciorum publicoruni petierit, honore propria
privetur. Si autem episcopiilc judicium ab impcralore postulaverit, nihil ei
obsit. " Con. Aiitioclj. can. xi.
CHAP, v.] CHRISTIAN CHURCH. 607
their recommendatory letters also. The other Canon says,*
if any presbyter or deacon is deposed by his bishop, or any
bishop by a synod, he shall not presume to trouble the em-
peror Avith complaints, but have recourse to a greater synod
of bishops, and lay the justice of his cause before them, and
wait for their discussion and determination. But, if in con-
tempt of this method he trouble the prince, he shall have
no pardon, nor room for defence, nor any hopes of restitu-
tion. The generality of modern writers, following" the cen-
sure passed upon this canon by the famous Antonius Aug-us-
tinus,^ and Baronius,^ commonly reckon it a canon made by
the Arian faction against Athanasius ; and say, it is the
same canon that was alledgcd against Chrysostom by his
adversaries, and rejected by him and his advocates, as an
Arian Canon, in the following ages. But the learned
Schelstrate, who has particularly vindicated the authority
of the Council of Antloch,* shews this to be a vulgar error;
demonstrating, that the Arian canon was very different from
this, and that this canon of Antioch was conformable to the
received discipline of the ancient Church. For as such, it
was inserted into the code of the universal Church, and
acknowledged by the Council of Chalcedon, and all the
collectors of the canons, Ferrandus Diaconus, Martin
Bracarensis, and the Capitulars of Charles the Great. Be-
sides that the Council of Vannes has a canon to the same
purpose :^ " if a clerk suspects the judgment of his own
bishop, ov has any controversy with him concerning any
property, he shall require an hearing before other bishops,
and not before the secular powers : otherwise he shall be
cast out of communion." From all which it is plain, nothing
more was intended by the Council of Antioch, but only to
oblige clergymen to end all their controversies before a
* Con. Antioch. can. xii. * Anton. August, do Emendatione
Gratiani, lib. i. dial. xi. p. 123. ^ Baron, an.cccxli. n. 28.
* Schelstrate deConcilio Antioch. p. 541. * Con. Veneticuin, can. jx.
Clericus, si fortasse episcopi sui judicium cceperit habere suspectum, aut
ipsi de proprietate aliqua adversus ipsum episcopum fuerit uata contentio,
alioruin cpiscoporuni audientiani, non seculariumpotestatuni, debebit ambiio.
Aliter a coninuinionc habebitur alienus.
508 TFIE ANTIQUITIES OF THE [BOOK XVII.
synod of bishops, which is agreeable to the general rule
and discipline of the Church.
Sect. 16.— 11. Forheing re-baptised or re-ordained.
11. The laws of the Church were further severe against
all re-ordinations in the clergy, and against all re-baptiza-
tions both in clergymen and laymen : and therefore any
clergyman, who submitted either actively or passively to
either of these, rendered himself obnoxious to the highest
censure. If any bishop, presbyter, or deacon, say the
Apostolical Canons,^ receive a second ordination, both the
ordainer and the ordained shall be deposed ; except it ap-
pear that his first ordination was given him by heretics :
for they, that are baptized or ordained by heretics, are neither
to be accounted clergymen nor faithful laymen. Optatus*
says, that among other reasons whyDonatus was condemn-
ed and deposed by the Council of Rome under Melchiades,
this was one, that he had given imposition of hands to such
bishops as had lapsed in time of persecution, which was con-
trary to the custom of the Catholic Church. If imposition
of hands there signify ordination, then his crime was, that he
had rc-ordained them: but if, as Albaspinaeus thinks both
in his notes and observations, it only means imposition of
hands in penance, then we are to lay no stress upon it, be-
cause it relates to a different subject. As to rcbaptization,
the case was the same : the Apostolical Canons appointed,*
that if any bishop or presbyter presumed to give a second
baptism after a true one once received, he should be degra-
ded. And the council of Rome under Felix III. decreed,
that if a bishop, presbyter or deacon, suffered himself to be so
rebaptised,* he should be degraded, and do penance all his
life, without being suffered to communicate either in the
prayers of the faithful, or the prayers of the catechumens,
and only be admitted to lay-communion at the hour of
death ; because such had not only denied their orders, but
' Canon. Apost. Ixviii. '^ Optat. lib. i. p. 44.
Canon. Apost. xlvii. * Vid. Fclic. ep. i. cap. 2.
CHAP, v.] CHRISTIAN CHURCH. 509
their Christianity, aiul openly professed themselves pagans,
by being- rebaptized. The civil law confirmed these cen-
sures of the Church, and added some temporal penalties, to
give them greater force ; of which the reader may find a
more particular account in a former book.*
Sect. 17. — 12. For denying themselves to be Clergymen.
12. It was a crime of the like nature for any clerg'yman
to deny his order in words, or dissemble his profession be-
fore a Jew or an Heathen ; because this was but one degree
below the renunciation of his religion. " If any clergy-
man," says one of the Apostolical Canons,* "through human
fear of a Jew, or an Heathen, or an Heretic, deny the name
of Christ, let him be cast out of the Church : if he deny the
name of a clergyman, let him be deposed ; but upon his re-
pentance let him be received as a layman."
Sect. 18. — 13. For publishing Apocryphal Books.
13. If any clergyman was convict of publishing any
apocryphal books, or books written by impious men under
false titles, as sacred and pious writings, to the corruption
and seducement both of laity and clergy ;' by another of the
Apostolical Canons he was to be deposed. TertuUian gives
an instance of the exercise of discipline in this case upon
an Asiatic presbyter,* who wrote the book called, the Acts of
Paul and Thecla, under the feigned name of the Apostle.
He pleaded in his own behalf, that he did it out of love to
St. Paul ; but this would not satisfy the Church : for upon
conviction and confession of the facts, sheobUged the man to
quit his office for his transgression.
Sect. 19. — 14. For superstitious Abstinence from Flesh, Wine, &c.
14. Clergymen were likewise liable to be deposed for any
superstitious abstinence from flesh, wine, marriage, or any
' Book xii. chap. v. sect. 7. * Canon. Apost. Ixii.
' Ibid. Ix. * Tertul. dc Baptisaio, cap. xvii.
510 THE ANTIQUITIES OF THE [BOOK XVII.
the like innocent and lawful things ; when they refrained
from them, not for exercise sake, but out of a false and here-
tical opinion, that they were polluted and unclean. There
was always a grand dispute about meats and marriage be-
tween the Church and several sects, that opposed her con-
tinually upon this point. Many heretics, such as the
Manichees, Priscillianists, and others, pretended to be more
spiritual and refined, because they abstained from wine and
flesh as things unlawful and unclean ; and upon this score
censured the Church as impure and carnal, for allowing men
in the just and moderate use of them. If any clergymen
therefore so far complied with heretics, as either in their
judgment to approve their errors, or in their practice by an
universal abstinence to give suspicion of their siding with
them ; they made themselves obnoxious to the highest cen-
sures. The Apostolical Canons order, that if any bishop,
presbyter, or deacon*, or any other clerk, abstain from mar-
riage, flesh, or wine, not for exercise but abhorrence; forget-
ting, that God made all things very good, and created man,
male and female, and speaking evil of the workmanship of
God; unless he correct his error, he shall be deposed, and
cast out of the Church. Another Canon gives the reason
of this censure,^because such an one has a seared conscience,
and is the cause of scandal to the people. The Council of
Ancyra condemns the same error,^ and inflicts the like
penalty of degradation upon any clergymen that should be
found guilty of it. And in the first Council of Braga an
order was made, that all clergymen, who abstained from
flesh, should sometimes eat herbs boiled with flesh, to avoid
the suspicion of the Priscillian heresy. And if they refused
to do this, they should be excommunicated, and removed
from their ofliice,* according to the direction of the ancient
Canons, as men suspected of that heresy, which then reigned
in the Spanish Churches.
' Canon. Apost. li. * Ibid, can. liii. ' Con.
Ancyr. can. xv. Vid. Con. Gangren. can. ii. * Con. Bracaren. i.
can. 32.
CHAP, v.] CHRISTIAN CHURCH. 511
Sect. 20. — 16. For eating of Blood.
15. But on the other hand, because it was the custom of
the CathoHc Church, ahnost till the time of St. Austin, to
abstain from eating of blood, in compliance with the rule
g-iven by the Apostles to the Gentile controverts : therefore
by the most ancient laws of the Church all clergymen were
obliged to abstain from it under pain of degradation. This
is evident from the Apostolical Canons,' and those of
Gangra,^ and the second Council of Orleans,^ and the Coun-
cil of TruUo.* But as this was looked upon by some only as
a temporary injunction, so it appears from St. Austin,^ that
in his time it was of no force in the African Church. For
he says, in his time few men thought themselves under any
obligation to observe it, or made any scruple of eating
blood. So that this rule of discipline is to be taken with
this limitation and restriction, as to what concerns the prac-
tice of the ancient Church. He that would see more about
it, may consult Curcellaeus,^ who has written a large disser-
tation upon the subject.
Sect. 21.— 16. For contemning the Fasts and Festival of the Church.
16. The custom of the ancient Church was with a great
deal of strictness to observe many stated fasts and festivals :
as the annual fast of lent, and the weekly fasts of the station-
ary days, that is, Wednesday and Friday in every week, and
the anniversary returns or commemorations of the great
actions of our Saviour's life, and his Apostles and Martyrs :
and therefore some Canons lay great penalties especially
upon clergymen, who shewed any disrespect to these by a
wilful contempt or neglect of them. " If any bishop, or
presbyter, or deacon, or reader, or singer," says one of the
' Canon. Apost. Ixiii. ' Con. Gangren. can. ii.
' Con. Aurel. ii.can.20. * C on. Trull, can. Ixvii.
* Aug. cont. Faust, lib. xxxii. cap. 13. * Curcel. de Esu San-
guinis, cap. xiii.
512 THE ANTIQUITIES OP THE [bOOK XVII.
Apostolical Canons," " observe not the Lent fast, or the fast
of the fourth and sixth days of the week, he shall be deposed,
unless he be hindered by bodily weakness and intirmity."
The Council of Gangra* g-oes a little further, and denounces
anathema to all the ascetics of the Church, who without any
plea of bodily necessity, but mere pride and haughtiness,
neglect and despise the fasts commonly received in the
Church, and observed by ancient tradition. And another
Canon denounces anathema likewise against all,* who ac-
cuse the assemblies made at the monuments of the Martyrs,
or abhor the service that is performed there, or despise the
memorials or annual commemorations that were made in
honour of them. A like Canon was made in the first Coun-
cil of Carthage,* " that if any one reproachfully said or did
any thing- to the dishonour of the Martyrs ; if he was
a layman, he should be put under penance : but if he was
a clergyman, after admonition and conviction he should be
deprived of his honour and dignity." And some other
Canons were made by the Council of Laodicea to the same
purpose.*
Sect. 22. — 17. For not observing the Rule about Easter.
17. Some Canons also make it a great transgression, not
to observe the rule that was settled by the Church in the
Council of Nice, for fixing the time of keeping- the paschal
festival. For though a great liberty was allowed before in
this matter, by reason of the disputes that were between the
Roman and Asiatic Churches about it : yet when once the
great Council of Nice had interposed her authority to end
the controversy, it was no long-er esteemed a matter of in-
difl'ercncy; but all Churches were obliged to comply with
her determination. Therefore the Council of Antioch not
long- after made a very peremptory decree,^ that whoever
' Canon. Apost. Ixix. * Con. Gangren. can. xix.
' Ibid. can. xx. ♦ Con. Carth. i. can. 2. Si quis adinjuriam
martyruin, clarilati eoium adjungat infamiani, placet eos, si laici sint, ad
pccnitentiam redigi : si autein sunt clerici, post comnionitionem et post cog-
nitioneiti, honore piivari. * Con.Laodic. can. 3i et 35.
' Con. Antioch. can. i.
CHAP. V.J CHRISTIAN CHURCH. 513
pertinaciously opposed tlie rule agreed upon in tlie Nieene
Council, should bee.vcoinmunieated and expelled the Church
if he were a layman. And if either bishop, ]);esbyter or dea-
con should subvert the people, and disturb the Church by
keeping- Easter, in a difFercnt manner, with the Jews, they
should be removed from their ministry, and be cast out of
the Church: and whoever communicated with them after
such censure, should be liable to the same condemnation.
There was also another way of celebrating- Easter with the
Jews, by a false calculation making- it to fall before the ver-
nal equinox, and so many times bringing- two Easters into
the same year. Which practice is condemned as judaical
by the author of the Constitutions,' and any clergyman com-
plying with it, by the Apostolical Canons is made liable to
deprivation also.^
Sect. 23. — 18. For wearing an indecent Habit.
18. If any clergyman wore an indecent habit, unbecoming"
his order and station in the Church, he made himself liable
to canonical censure. The first Council of Mascon forbids^
clergymen to wear arms, or a soldier's coat, or any garments
or shoes not becoming their profession, after the manner of
seculars or laymen. And whoever offended in this kind,
was to be confined for thirty days in prison, and fed only
with bread and water, for his transgression. But this was a
rule only for common and ordinary cases, not for cases of
great exigency, or times of persecution. Therefore when
the famous Eusebius of Samosata went about the world in a
soldier's habit,* as the historians relate, to ordain presbyters
and deacons in the heat of the Arian persecution ; though
this was against the letter of another law, which forbad any
' Constit. lib. v. cap. 17. - Canon. Apost. v. al. 8.
' Con. Matiscon. i. can. 5. Ut nullns clericus sagum aut vestiinenta aut
calceamenta secularia, nisi quod religioncm dcceat, induere praisumat.
Quod si post banc definitionem clericus aut cum indecent! veste, aut cum
armis inveutus fuerit, a seniore ita coerceatur, ut triginta dierum inclusione
detentus, aquS tantiim et modico pane diebus singulis sustentetur.
* Vid. Theodorit. lib. iv. cap. 13.
VOL. VI. 2 L
514 THE ANTIQUITIES OF THE [BOOK XVII.
bishop to ordain in another man's diocese ; yet he was never
accused by any good Catholic for transgressing either law,
because the necessity of the thing justified the fact; and
these rules, made for common order and decency, were in
this case superseded by a rule of superior obligation. For
the preservation of the faith and ministry was of much more
weight and concern to the Church at such a juncture, than
the wearing of an habit; and it was no fault in him to wear
a soldier's coat in such an exigency, to preserve the Church,
and pass undiscerned, though it would have been a great
violation of the rules of order and decency in other cases.
But this only by the way : I now pass on to the remaining
laws of discipline, which concerned the clergy.
Sect. 2\: — 19. For keeping Hawks or Hounds, and following any unlaw-
ful Diversions.
19. The same rules of the Church, which obliged clergy-
men to avoid secular employments, may with good reason
be construed also a prohibition of secular diversions, such
as hunting, and hawking, and horse-racing, and gaming at
dice, and acting of plays and farces, and frequenting the
games and sights of the circus and theatre. All these may
be comprehended in the general prohibition of secular
things : but there are some canons, which more expressly
forbid them to the clergy under pain of canonical censure.
" Bishops, presbyters, or deacons shall not keep dogs or
hawks for hunting," says the Council of Agde.* " And if
any one is detected in this intention, if he be a bishop, he shall
be suspended three months from communion; if a presbyter,
two months; if a deacon, he shall wholly cease from his
ofKce and communion." The Council of Eliberis has a
' Con. Agathen. can. It. Episcopis, prcsbyteris, diaconibus canes ad
venandum, aut accipitres habere non lieeat. Quod si quis talium persona-
rum in lific voiuntate delectus fuerit, si episcopus est, tribus niensibus se
susptMidat a conimunione: presbyter duobus nieusibus se abstineat; dia-
conus vcro ab omni officio vel coinmuuionu ccssabit. Vid. Con. Maliscon. ii.
can. 13. Con. Mogunt. cap. xiv.
CHAP, v.] CHRISTIAN CHURCH. 515
gonoral canon forbidding* Inyrncn to play at dice or ta])les,
under the penalty of suspension from communion for a
whole year.' And that must be supposed with greater force
to affect the clerg-y. Other canons under Charles the great
expressly name the clergy,^ and refer to the ancient rule of
the Church for prohibition. And the Council of Trullo^
forbids dice both to the clergy and laity, under the penalty
of deprivation to the one, and excommunication to the
other. The same Council forbids clergymen to act farces
as mimics in the theatre,* or to bait or hunt wild beasts with
dog's, or to dance upon the stag'c, under the like penalty of
deprivation. The Council of Leodicea forbids them to be
present as spectators at any stage-plays.'^ And the Council
of Carthag-e gives a good reason,^ why neither they nor
their children ought either to exhibit, or frequent such
plays; because they were prohibited to laymen for the
blasphemy of those wicked wretches, that were concerned
in them. They thought it intolerable, that any of the clergy
should enourage those things by their presence, which a
layman could not see with innocence, nor be a spectator
of without a censure.
Sect. 25. — 20. For suspicious Coliabitation with strange Women.
20. The most ancient laws of the Church did not
absolutely impose celibacy upon the clergy, nor universally
restrain them from the conjugal state and married life, as
has been shewn more at large in a former book.' But
there were two things in the conversation of the clergy, re-
specting women, which they very much disallowed and cen-
sured. One was the suspicious and scandalous cohabitation
of some vain and indiscreet men with strange women, who
were none of their kindred. The freedom, w hich these used,
* Con. Eliber. can. Ixxix. * Con. Mogunt. cap. xiv. Canon.
Apost. xlii. 3 Con. Trull, can. 1. '' Ibid. can. li.
* Con. Laodicean, liv. ^ Con. Carth. iii. can. 11. Ut ftlii
sacerdotum vel clericorum spcctaculasecularia non exhibeant, sed nee spec-
tent, quoniam a spectaculo et oinnes laici proliibeantur. Semper eniin
Christianis omnibus hoc intcrdictum est, ut ubi blasphemi sunt, non accedant.
' Book iv. chap. v. sect. 6, &c.
2 L 2
516 THE ANTIQUITIES OF THE [bOOK XVII.
oblig-ed the Church not only to forbid the clergy to cohabit
with .sjuch, as they then termed foreigners and strangers,
^vvtiaaKToi, in opposition to a mother, a sister, or an aunt,
of whom for the nearne«;s of blood there could be no reason-
able suspicion ; but also induced her to inforce this rule
with the utmost severity of discipline upon delinquents.
Cyprian* commends Pomponius for excommunicating a dea-
con, who had been found guilty in this kind. And among
other reasons alleged by the Council of Antioch for depos-
ing Paulus Samosatensis from his bishopric, this is one, that
he had always some of these Sureto-aicrot, or strange women
*to attend him, and allowed his presbyters and deacons to
have the like,* that they might not accuse him. The se-
cond Council of Aries excommunicates every clergyman
above the order of deacons,^ that retains any woman as a
companion, except it be a grandmother, or mother, or sister,
or daughter, or niece, or a wife after her conversion. And
the Council of Lerida orders them to be suspended from
their office,* till they amend their fault, after a first or second
admonition.
Sect. '26. — 21. For marrying after Ordination.
21. The other thing that was generally disliked, was
the clergy's marrying a second time, after ordination. Tiiey
did not, as I said, reject married men from orders, nor oblige
them to live separate from their wives after ordination : nay
if a deacon protested before ordination, that he could not
continue in an unmarried state, he might marry afterwards,*
and not forfeit his office, by a decree of the Council of
Ancyra. But other Canons forbid presbyters and bishops
to marry after ordination, whether they were married or
unmarried before, and this under pain of deprivation. " If
a presbyter marries a wife (that is, after he is ordained pres-
' Cypr. Ep. Ixil. al. 4. ad Pompon. * Euseb. lib. vii. cap. 30.
* Con. Arelat. ii. can. 3. .Si quis de clericis a gradu diaconatus, in solalio
suo muliereni, pra;ter aviain, niatrem, soiorem, filiam, iiepteni, vol uxorem
secum conversam, liabere prsesumpseiit, alienus a communione habeatur.
* Con. Ilerdcn. can. xv. * Con. Ancyr. can. x.
CHAP, v.] CHRISTIAN CHURCH. 017
byter, for it regards not his being- married before) lot hiiu
be removed from his order," says the Council of Neocaesarea.'
The Council of Khberis and some others in (he Latin
Church were more rigorous toward the married clergy,'^ and
began not only to forbid th(!m to marry after ordination, but
to oblige them to rehnquish those wives they had married
before. But as this was an encroachment upon the primi-
tive rule, and never received in the Greek Church, it is not
to be reckoned among the standing rules of discipline that
concerned the whole Church.
Sect. 27. — 22. For retaining an adultcious Wil'o.
22. Yet there was one case, in which the clergy were
obliged to put away their wives, which was the case of
adultery. " If the wife of a layman," says the Council of
NeocsDsarea,* " is convicted of adultery, such a one shall
never attain to the ministry of the clergy. If she commits
adultery after his ordination, he must put her away, or quit
his ministry, if ho retains her." The Council of Eliberis*
goes a little further, and says, " If a clergyman's wife com-
mits adultery, and the husband knows it, and does not im-
mediately put her away, he shall not be admitted to com-
munion even al his last hour; lest they, who should be an
example of good conversation, should seem to teach others
the way to sin."
Sect. 28. — 23. For Non-residence.
23. There were some laws also relating to the residence
of the clergy, which was strictly enjoined, with a denuncia-
tion of canonical censures to the transgressors. The
• Con. Neocjesar, can. i. * Con. Eliber. can. xxxiii. V'id.
Con. Agathen. can. ix. Arausican.i. can. xxiii. Carthag. v. can. 3. Matis-
con. i. can. 11. ^ Con. Neocaesar, can. viii.
♦ Con. Eliber. can. Ixv. Sicujus clerici uxor fuent niopcliata, et seiateam
maritus suns nioccliari, et eaui non slatiin projeceril, ncc in fine accii)ial
comiTiunionem : ne ab his, qui exenipluin bon?c conversationis esse debenJ
videantur magisteria sceleruni procederc.
518 THE ANTIQUITIES OF THE [BOOK XVU.
several laws requiring residence have been noted in another
place :^ here I shall only mention such of them, as specify
the punishments that were to be inflicted on offenders in this
kind. Among- these that Canon of the Council of Agde is
most remarkable,^ which decrees, that a presbyter or deacon,
who was absent from his Church three weeks, should be
three vears suspended from the communion. And by the
laws of Justinian^ every bishop absenting from his Church
beyond a certain term, and that upon very weighty affairs,
and great necessity, or the will of his prince, is ordered to
be removed from the college of bishops, as a man unworthy
of his station. And the better to guard against this offence,
as no clergyman was allowed to travel without the licence
and commendatory letters of his bishop ; so neither might
a bishop travel or appear at court without the licence and
approbation of his metropolitan. This was expressly provi-
ded by the same laws of Justinian,* and before him by the
third Council of Carthage, which orders,^ that no bishop
shall go beyond sea without consulting his primate, or
chief bishop of the province, and taking his Formatce, or
letters of commendation. And before this the Council of
Antioch made an order/ that no bishop or presbyter, or any
other belonging to the Church, should go to court upon any
occasion to address the prince, without the consent and let-
ters of the provincial bishops, and especially the metropo-
litan, under the penalty of being cast out of communion, and
losing- his honour and dignity in the Church. And to this
agree the rules and decrees of Pope Hilary^ and Gregory
the Great,* made in conformity to the ancient rules of disci-
pline in the Church.
' Bookvi. chap. iv. sect. 7. * Con. Agathen. can. Ixiv.
* Justin. Novel, vi.cap. 2. 'Ibid. cap. 3. * Con. Cartli. iii.can.28. Ut
episcopi trans mare non proficiscantur, nisi consulto prinisE sedis episcopo,
sive cujuscunque provinciae primate, utab episcopo prwcipue possint sumere
formatam sivecominendalionein. ^ Con. Antiocli. can. xi.
' Hilar. Ep. viii. ad Episcopos Gallia:. "* Grcgor. lib. vii. ep. 8.
CHAP, v.] CHRISTIAN CHUttCH. 51{i
Sect. 29.-24. For attempting to hold Preferment in two Diocesis.
24. The elero-y were further obll<>ed to confine them-
selves to one Church : that is, as I have formerly had occa-
sion to explain it, one diocese or diocesan Church, under
the jurisdiction of one bishop; and not to seek, or attempt
to hold preferment under two bishops in two such distinct
Churches, or difl'crent jurisdictions. In this sense pluralities
were forbidden under the penalty of deprivation. The
Council of Chalcedon is very express to this purpose:^ it
shall not be lawful for any clergyman to have his name in
the Church-roll or catalogue of two cities at the same time,
that is, in the Church where he was first ordained, and any
other, to which he flies out of ambition as to a greater
Church ; but all such shall be returned to their own Church,
where they were first ordained, and only minister there.
But if any is regularly removed from one Church to another,
he shall not partake of the revenues of the former Church, or
of any oratory, hospital or alms-house belonging to it. And
such as shall presume, after this definition of this great and
oecumenical Council, to transgress in this matter, are con-
demned to be degraded by the holy synod.
Sect. 30.— 25. For needless frequenting of public Inns and Taverns.
25. The Canons had also a great respect to the external
and public behaviour of the clergy ; obliging them to walk
circumspectly, and abstain from things of ill fame, though
otherwise innocent and indifferent in themselves ; that they
might cut off all occasions of obloquy, by avoiding- all sus-
picious actions and all appearances of evil. In regard to
which they not only censured them for rioting and drunken-
ness, which were vices not to be tolerated even in laymen,
but forbad them so much as to eat or appear in a public inn
or tavern, except they were upon a journey or some such
necessary occasion required them to do it, under pain of
' Con. t'halced. can. x.
520 THE ANTIQUITIES OF THE [bOOK XVII.
ecclesiastical censure. The Council of Laodicea^ and the
third Council of Carthage- forbid it universally to all orders
of the clergy ; and the Apostolical Canons more expressly,*
w^ith a denunciation of censure, viz. an 'Aipopicr/jiog, excommu-
nication or suspe7isio7i from their office, to any that should
be found in a tavern, except they were upon a journey, and
the necessity of their affairs required it.
Sect. 31. — 26. For conversing familiarly with Jews, Heretics or Gentile
Philosophers.
26. For the same reason the Canons prohibited them con-
versing familiarly with Jews, Heretics and Heathens, espe-
cially the gentile philosophers, because of the scandal
attending such communication. The laws forbidding- all
communication with Jews and Heretics have been mentioned
upon another occasion :* I shall here only add that remark-
able story,* which Sozomen tells of Theodotus, bishop of
Laodicea in Syria, how he excommunicated the two Apol-
linarii, father and son, because they went to hear Epipha-
nius, the sophist, speak his hymn in the praise of Bacchus ;
which was a thing so disagreeable to their character, the one
being a presbyter, the other a deacon in the Christian
Church.
Sect. 32. — 27. For using over rigorous Severity towards Lapsers.
27. As clergymen were obliged to shew a just severity
to impenitent sinners, by putting the laws of discipline duly
in execution against them : so on the other hand an over
rigorous severity and stiffness in refusing to receive and
reconcile penitent lapsers, after they had made canonical
satisfaction, was a great offence, and such a manifest abuse
of the ministerial power, as the Church thought fit to correct
with some sharpness in her clergy. If any bishop, presbyter.
' Con. Laodic. can. xxiv. ' Con. Carth. iii. can. 27.
* Canon. Apost. liii. al. 64. ' Book xvi. chap. vi. sect. 3 ct 10.
* Sozom. lib. vi. cap. 26.
CHAP, v.] CHUISTIAN CHURCH, 521
or deacon, say the Apostolical Canons, receives not one'
that turns from sin, but casts him out, lot him be deposed :
because he grieves Christ, who said, " there is joy in heaven
over one sinner that repentetli." This was not the true ex-
ercise of discipline, but iraperiousness and humour, and a
mere domineerin<j: over God's heritao-e bv an exorbitant
stretch of the ministerial power. It was the very thmg-
which the Novatian heretics contended for, and what the
Church always opposed and condemned in them: and, there-
fore, when any of her own clerg-y assumed to themselves this
extravagant power, she justly esteemed them infected with
this Novatian principle of cruelty, and as such made them
liable to the sentence of deprivation.
Sect. 33.-28. For want of Chanty to indigent Clerks.
28. There was another sort of cruelty, which the Church
also much resented in any of her clergy; which v\as want
of charity to any that were indigent and distressed in their
own order. As charity obliges men to do good to all, as
they have opportunity, but more especially to those, who are
of the household of faith : so clergymen were more espe-
cially obliged to assist those, who v\ere joined with them in
the same ministry, and united more closely by a stricter
bond of fraternity in the same occupation and employment.
Therefore the Apostolical Canons censure this as a great
transgression in these very sharp terms :^ " if any bishop or
presbyter refuse to give necessaries to any clergyman, that
is in want, let him be cast out of communion : and if he
persist, let him be deposed, as a murderer of his brother."
Sect. 34. — 29. Forjudging in Cases of Blood,
29. It was thought also some sort of cruelty, at least a
very improper and unbecoming thing for any clergyman to
be concerned in judging or giving sentence in cases of
blood. The laws allowed them to be chosen arbitrators of
Canon. Apost.lii. 'Canon Apost. lix.
522 THE ANTIQUITIES OF THE [bOOK XVll.
men's differences in civil causes : but they had no power at
all in criminal causes, except such as were purely ecclesias-
tical ; and least of all in such criminal causes where life and
death was concerned. Therefore there are many Canons
forbidding- this under the penalty of the highest censure of
deprivation. The Council of Tarragone universally forbids
the clergy to sit judges in any civil criminal causes.' The
Council of Auxerre more particularly enjoins presbyters not
to sit in judgment,^ when any man is to be condemned to die:
And, in another Canon,^ forbids both presbyters and deacons
to stand at the Trepalium, where criminals were put to the
rack and examined by torture. The fourth Council of
Toledo allows not priests to sit judges in cases of treason,*
even at the command of the prince, except the prince pro-
mised beforehand upon oath, that he would pardon the of-
fence, and remit the punishment. If they did otherwise,
they were to be held guilty of bloodshed before Christ, and
to lose their order and degree in the Church. The eleventh
Council of Toledo goes a little further,^ not only excluding
such from the honour of their order and station, but from all
communion during their whole lives, which they are only to
be allowed at the point of death.
Sect. 35.— Bishops might be suspended or degraded for giving Ordinations
contrary to the Canons.
These were the chief of those rules of ancient discipline,
which concerned the clergy in general : beside which there
were some, which had a more peculiar respect to the persons
' Con. Tarracon. can. iv. Habeant licentiam judicandi, exceptis crimi-
nalibus negotiis. '^ Con. Antissiodor. can. xxxiv. Non licet pres-
bytero in illo judicio sedere, unde homo ad mortem tradatur. ^ Ibid,
can. Yxxiii. Non licet presbytero, nee diacono, ad Trepalium, ubi rei tor-
quiHitur, stare. Con. Matiscon. ii. can. xix. * Con. Tolet. iv.
can. 30. Ibi consentiant regibus fieri judices, ubi jurejurando, suppticii in-
dulgentia promittitur; non ubi discriminis (al. sanguinis) sententia prsepara-
tur. Sitquis ergo sacerdotum discussor in alienis periculis exliterit, sitreus
eflusi sanguinis apud Christum, et apud ecclesiam perdat propriumgradum.
* Con, Tolet. xi. can. 6. His, a quibus Domini t-acramcnta tractanda sunt,
judiciura sanguinis agitarcnon licet, &c.
CHAP, v.] CHKISTIAN CHURCH. 523
of each paiticular onlcr. Bishops rnig-ht be suspended or
deoiaded for several oifences committed aerainst the rules of
o ...
their oflice and duty peculiar to their function. As first, for
wilful transgression of the known laws of ordination. If
any bishops pretended to ordain a man into a full see, where
another was regularly ordained before him ; or if two or
three bishops ordained a bishop clancularly without the con-
sent of the rest of the provincial bishops and the metropo-
litan ; not only the bishop so ordained was to be deposed,
but the bishops who presumed to give him such an ordina-
tion :• which was the case of Trophimus and those two
other obscure bishops who ordained Novatian ; for which
ofience, as Cyprian and Cornelius often tell us, they were
degraded, and reduced to lay-communion. If any bishop
ordained those, that were baptized by heretics, or re-baptized
by them, he was liable to be deposed for his transgression.^
If a bishop for favour ordained any of his own unworthy
kindred, by a rule of the Apostolical Canons,^ he was liable
to be suspended. If a bishop ordained any in another man's
diocese, by a rule of the same Apostolical Canons,* he was
liable to be deposed, as well as the persons so ordained
by him. All these things have been more fully shewn in
the third section of this chapter, to which the reader may
have recourse. To which I only add, that if a bishop or-
dained a man, who had done public penance in the Church,
he himself was to be deprived of the power of ordination.*
Sect. 36. — Also for neglecting to put the Laws of Discipline in Exe-
cution.
2. If bishops neglected to put the laws of discipline in
execution, which was a peculiar act belonging to their
office, they were liable to be deposed for such neglect and
contempt of discipline, as well as those, whom they ought
to have punished with ecclesiastical censure. This is evi-
• Vid. Con. Arausican. i. can. 21. ' Vid. Folic, iii. ep. i. can. 5.
^ Canon. Apost. l.vxvi. ' Ibid. xxxv. '^ Vid. Con.
Caitliag. iv. can. 68.
524 THE ANTIQUITIES OF THE [BOOK XVH.
dent from the case put by Pope Felix of some, who had been
baptized or re-baptized by heretics, and were afterward irre-
gularly ordained in the Churcli: not only they, who ordained
them, were liable to be deposed, but also those bishops, who
knew them to be so ordained, and did not remove them from
their office, by putting- the laws of discipline in execution
ae-ainst them. So ag-ain if a presbyter or deacon assumed
to themselves any office without the authority ot the bishop
not belo.iging to them, and the bishop connived at their
usurpation,^ he himself was liable to canonical censure for
his tameness in not correcting- them for their presump-
tion.
Sect. 37.— For dividing their Diocese, and erecting new Bishoprics without
Leave: Or extending their Claims to other Men's Rights beyonJ their
own Limits and Jurisdictions.
3. Bishops rendered themselves obnoxious to canonical
censure, if they made any attempts to alter the boundaries
or districts of the Church, settled by ancient law and cus-
tom, without the advice and consent of a provincial synod.
Dioceses might be divided upon just reasons, and new ones
be erected out of them: either when they were too large for
one bishop's care: which made St, Austin divide the diocese
of Hippo, and take the new bishopric of Fussala out of it :
or else when the prince thought fit to advance some emi-
nent town or village into a city ; then that city might be
made a new bishopric by the consent of a provincial coun-
cil. But if any one aml)itiously got himself ordained bishop
of a village, where there never had been any bishop before,
or as ambitiously solicited the prince to turn a village into
a city, thai he might be made the bishop of it : in such cases
the Church thought fit to correct the lofty thoughts of as-
piring men, and defeat their attempts, by denying them
those honours they had taken such indirect methods to ob-
tain, and putting them under the censure of a deprivation.
' Felic. ill. Ep. i. can. 5. ' Vid. Gelasii Epist. ix. nd Episc.
Lucaaiae. cap. viii.
CHAP, v.] (MIRISTIAN CHURCH. -025
There are many Canons and rules of discipHne, which forV)id
this practice : but the rule made in one of the Councils of
Toledo is most remarkable, being- an inference made upon a
special case from all the ancient Canons, (forbidding- bishops
to be ordained in villogos,) which are there recited. King-
Wamba by an imporious mandate had enjoined some bishops
to ordain other bishops in several villages and monasteries,
lying in the suburbs of Toledo and other places : ag-ainst
which innovating- attempt and usurpation the Council first
cites the ancient Canons, and then concludes with a new de-
cree in these words :^ " if any one shall offer to go against
the prescription of these Canons, in procuring himself to be
made a bishop in those places, where there never was any
bishop before, let him be Anathema in the sight of God
Almighty. And let moreover both the ordainer and the or-
dained lose the degree of their order, because they attempt
not only to infringe the decrees of the ancient fathers, but
the institutions of the Apostles." The Council of Chalce-
don made a like decree against any,^ that should presume to
address the higher powers to get a province divided into
two, in order to erect a new metropolis in it. This, they
sav, was against the rule of the Church, and therefore they
denounce the deprivation against any one, that should at-
tempt it.
Sect. 38. — For not attending provincial Councils.
4. Bishops were obliged to attend provincial Councils ;
and if they refused or neglected to do this without a reason-
able cause, they were liable to suspension. To this purpose
there is a decree in the second Council of Aries :^ if any one
neglects to be present, or leaves the assembly of his
» Con. Tolet. xii. can. 4. Si quis contra haec canonura interdicta venire
conatus fuerit, ut in locis illis se episcopum eligat fieri, ubi episcopus nun-
quiiin fuit, anathema sit in conspectu Dei Oninipotentis. Et insuper tain
ordinator, quaui ordinatus, gradum sui ordinisperdat: quia non solum anti-
quorum patrem decreta, sod et apostolica ausus est convellcre instituta.
2 Con. Chalced. can. xii. " Con. Arcletan. ii. can. 19. Si quis
autem adesse nfglexerit, aut coetum fratrum, antequam dissolvatur concilium.
526 THE ANTIQUITIES OF THE [bOOK XVII.
brethren, before the Council be ended, he shall be excluded
from the communion of his brethren, and not be received
ag-ain, till he is absolved by the following- synod. The
same decree is repeated by the Council of Tarragone,^ and
said to be conformable to the rules of the fathers, that if any
bishop contemptuously omit to come to synod, when he is
called by his metropolitan, unless he be under some great
bodily infirmity, he shall be deprived of the communion of
all the bishops to the sitting of the next Council; which the
African synods call,- being content with the communion of
his own Church only.
Sect. 39. — For oppressing the People with unjust Exactions.
5. If any bishop oppressed his people, or any part of
them, with hard usage, unjust demands, or unreasonable
exactions; it was peculiarly provided in this case by the
laws of the African Church, that he should be amerced or
punished with the loss of that part of his diocese or people,
who had reason to complain of such oppression. I have
already noted this in the last chapter, sect. 4, out of one of St.
Austin's Epistles,^ where he neatly defends this way of pro-
ceeding with bishops, when their offences were neither so
great, as to deserve deprivation ; nor so small, as to be per-
fectly overlooked, or let wholly pass without a censure.
Sect, 40. — For harbouring such as fled from another Diocese without
Leave.
6. Finally whereas it was provided by the Canons, that
no bishop should harbour or encourage any clerk %ing
from his own diocese, nor any monk deserting his own mo-
nastery: some Councils took care to prevent this abuse, not
crediderit descrcndum, alitnum se a fratrum communione cognoscat, nee
eum recipi liceat, nisi in sequent! synodo fuerit al)solutus.
' Con. Tarracon. can. vi. Si quis episcoporum comnionitus ^metropoli-
tano, ad synoduin, nullfi gravi intercedente necessitate corporali. venire con-
tenipseril, sicut statuta patruin censuerunt, usque ad futurum concilium cunc-
torura episcoporum charitatis cominunione privetur, * Con.
Carthag. r. can. 10. et Cod. Afric. can. Ixxvii. * Aug.Ep. cclxi.
CHAP, v.] CHRISTIAN CHURCH. 527
only by degrading' the des(>rting' clerk, but by inflicting"
canonical [junislunent upon the bishop, that so countenanced
or received him. The Council of Antioch leaves it in g-encral
to the synod, to punish such an offending' bishop.' The
Apostolical Canons are more particular,'^ that he shall be
suspended from his office, as a master of disorder. But in
Afric they had a more peculiar sort of punishment for such
a bishop, which was, that he should communicate with no
other bishop of the province, but be content with the com-
munion of his own Church:^ which, as has been observed,
was a moderate punishment for offences of a lower rate,
which neither deserved to be punished with deprivation, nor
yet escape wholly unpunished as no offences.
Sect. 41. — Chorepiscopi might be censured for acting beyond their Com-
mission.
Next to the bishop there were a sort of ecclesiastical per-
sons, whom the ancient Church called Chorepiscopi, or
country-bishops, because they officiated in certain episco-
pal duties under the city bishop in country districts.
These acted by a limited and dependent power, but many
times were inclined to assume a power to themselves be-
yond their commission. Therefore the Church was obliged
to make certain laws and rules to restrain and correct their
usurpations. These might ordain the inferior clergy, sub-
deacons, readers, and exorcists by a general commission,
but not presbyters or deacons without a special licence : yet
sometimes they would take upon them to do that also with-
out consulting the city-bishop; for which ofl'ence they
were liable by the Canons to lose their office and be de-
graded.*
Sect. 42. — And Presbyters for usurping upon the Episcopal Office.
The like may be observed of presbyters, who were assist-
• Con. Antioch. can. iii. 'Canon. Apost. xvi.
' Con. Garth, v. can. l.S. Episcopus qui hoc fecerit, a ca;terorum comrauni
one sejunctus, suae tantum plebis comniunione contentus sit.
* Vid Con. Antioch. can. x.
528 THK ANTIQUITIES OP THE [BOOK XVII.
ants to bishops in performing- their office, but with certain
limitations, that they should not meddle with such parts of
it, as they reserved absolutely to themselves ; such as ordi-
nation and consecration of chrism, for the use of confirming-,
and the consecration of churches and altars. And if presby-
ters at any time exceeded the limits of their commission and
order, by assuming the exercise and power of these things
to themselves, by the laws of the Church they were liable
to be divested of their ordinary power, which otherwise
thev might have enjoyed, and made subject to the penalty
of a total deprivation. Thus when Eutychianus and
Musaeus, who were no bishops, had ordained several clerks,
the Council of Sardica ordered,' that for this presumption
they should be deprived of their orders, and entirely redu-
ced to the communion of laymen. And in the first Council
of Braga a decree was made,^ prohibiting- presbyters either
to consecrate the chrism, or churches, or altars, under pain
of deposition from their oflice : because the ancient Canons
always forbid it.
Sect. 43. — And Deacons for assuming Offices ami Privileges above their
Order and Station.
Deacons likewise were confined to certain offices and
stations appropriated to their order ; above which if they
presumed ambitiously to aspire and thrust themselves into
the presbyter's duty, or any ways insult them : they also in-
curred the highest censures. The Council of Nice takes^
notice of some such usurpations and abuses committed by
deacons ; that in some places the deacons took upon them
to distribute the sacrament to presbyters ; and to receive it
before bishops themselves ; and to sit in the midst of the
presbyters : which being contrary both to rule and custom,
it is ordered that such assuming deacons should be suspen-
ded, or cease from their ministry, as the word " imravg ^u)
' Con. Sardic. can. xx. * Con. Bracaren. i. can. 37. Si quis
presbyter post hoc inteidictuni ausus fuerit chrisnia benedict're, aut ecclesiam
aut altaro consecrare, a suo officio deponatur. Nam el anliqui canones hoc
vetuerunt. * Con. Nic. can. xviii.
CHAP. IV.] CHRISTIAN CHURCH. 529
Trig Stok-oi'/'oc" Rcem rather to signify. The second Council
of Aries has a Canon to the same purpose/ that deacons
shall not sit in the secretariiim or vestry among the pres-
byters; nor presume to deliver the body of Christ, when a
presbyter is present. If they do, they shall cease to offici-
ate any longer as deacons.
Thus every order among the clerg"y had their particular
offices assigned them; and not only neglects and omissiors
of their duty, but intermeddling- with offices, that did not be>j^
long to them, and assuming powers, that were foreign to
their order, was a sufficient cause of suspension or depriva-
tion. And so I have done with what relates more pecu-
liarly to the discipline of the Clergy.
' Con. Arelatan. il. can. 15. In secretario diaconos inter presbyteros
sedere non liceat: vel corpus Christi, prsesente presbytero, tradere noi»
praesumant. Quod si fecerlnt, ab officio diaconatQs abscedant.
VOL. VI. 2 M
^30 THE ANTlQUITIfclS OF THE [boOK XVIll.
BOOK XVIII.
OF THE SEVERAL ORDERS OF PENITENTS, AND
THE METHOD OF DOING PUBLIC PENANCE IN
THE CHURCH BY GOING THROUGH THE SEVE-
RAL STAGES OF REPENTANCE.
CHAP. I.
Of the several Orders of Penitents in the Church.
Sect. 1. — Penitents divided into four Orders or Classes.
We have hitherto considered the discipline of the Church,
as exercised upon obstinate and notorious criminals, in
order to bring them to repentance; we are now to examine
it again in its progress, as exercised upon penitents, who
submitted to tlie rules of discipline, and see how they were
treated in the performance of their penance, from the time
of their excommunication to the time of their admission
into the Church again. The performance of penance
anciently was a matter of considerable length and time, to
examine men's behaviour and sincerity, and make them give
just testimony and evidence of real sorrow and hearty ab-
horrence of their sins, to satisfy the Church, that they were
sincere converts, by submitting to go through a long
course of penance, according as the wisdom of the Church
CHAP. I.] CHRISTIAN CHURCH. ^3*
thought fit to impose it upon them. And upon this account
the Church was used to divide her penitents into four distinct
ranks or classes of different degrees, called by the Greeks,
npo(TK\aiovTeQ, 'AKoowfiivoi, 'YTroTriVrovrtcnnd Suvt^a/^tvoi ;
and by the Latins, Flen/es, Audientes, Substrafi, and Con-
sislenles ; that is, (he mourners or weepers, the hearers, the
substrators, and the co-stamlers ; the meaning- of which
names and distinctions shall be explained by and by. Some
add to these a fifth order, but without any just ground or
reason for it. Bellarmin says,' there was a fiftli place, of
such penitents as had fully completed their penance, and
only waited for the time of reconciliation. And the place
of these penitents, he says, was called MeVwcric. or ^^^ ^^''^'
pletion. Our learned Dr. Cave also slides unwarily into
the same mistake,^ making five orders of penitents, whereof
the fifth and last, he says, were called Communicantes,
and were admitted to the participation of the holy sacra-
ment. But it is most certain, there never was any such
order of penitents, under the name of communicants, or
partakers of the holy sacrament, acknowledged in the
Church. For communicants, absolutely so called, as de-
noting partakers of the eucharist, are every where distm-
guished from the penitents, and go by other names, Fltrot,
TiXiioi, Seethe faithful, and perfect: that is, persons not
under discipline and public penance, which is an imperfect
state of communion, but in the perfect, peaceable, and full
communion of the Church : none of which ever go by the
name of penitents, in any ancient writer. Some penitents
indeed are said to communicate imperfectly with the Church
in some one particular thing ; as the fourth order of peni-
tents, called co-standers, are said often to communicate in
prayers without the oblation or eucharist: but these, as
they did not partake of the eucharist, so neither were they
ever reputed perfect communicants in the Church, till they
were restored to the To TiXeiov, the complete communion
' Bellarm. de Poeniten. lib. i. cap. 2*2. torn. iii. p. 959. * Cave,
Prim. Christ, lib. i. cap. viii.p.217.
2 M 2
532 THE ANTlQlllTIKS OF THE [bOOK XVIli.
of the faithful at the ahar. So that there is no manner of
ground for this fifth orderof penitents, theinvention of which
is entirely owing- to a mistake, and imphes a contradiction.
Sect. 2. — The first Original of this Distinction.
As to tlie other four orders of penitents, it is generally
agreed among- learned men, that the Church observed such
a distinciion ; but how early, is not indisputably certain.
Cardinal Bona thinks,' the distinction of penitential classes
was first made about the time of the Novatian schism, that
is, about the middle of the third century. And Suicerus,^
speaking- of the order of penitents, called hearers, says,
there is no mention made of it before the time of Novatus ;
though otherwise a place for hearing- the Scriptures and
sermon was allowed in the Church for heathens, Jews, he-
retics, schismatics, and the second rank of the catechumens,
who upon that account were commonly termed hearers, long
before the name was given to any sort of penitents as a dis-
tinct order.
Sect. 3. — Of the Flentes or Mourners.
But in the third and fourth century, we commonly find
the penitents distinguished into four orders; the first of
which were the Flentes or mourners, who were rather can-
didates of penance, than penitents strictly speaking. Their
station was in the church-porch, where they lay prostrate,
begging- the prayers of the faithful as they went in, and de-
siring- to be admitted to do public penance in tlie church.
This is what TertuUian means, when he says,^ they were
used to fall down at the presbyter's feet, and kneel to the
friends of God, and intreat all the brethren to recommend
their petition, and intercede with heaven for them. And so
the historian represents the practice of Ecebolius,* the so-
' Bona, cle Rebus T^iturgic. lib. i. cap. 17. n. 3. ' Siiicer. Thesaur.
Eeeles. torn. i.p. 171. \' oce ' A-Kpoaatij. \"u\. Coiistitnt. Apost. lib. ii. rap. 16.
* Tertul. tie Po^niteiit.cap. ix. Presbyteris advolvi. charis Dei adgeniculari,
omnibus fratribus legationes deprecationis suaj injung-ere. Vid. lib. de Pu-
dicit. cap. xiii, * Socrat. lib. iii. cap. 18.
CHAF. J.] CHRISTIAN CHURCH. 533
pliist, who havltirt-apostntizocl under Julian, dosirod to make
his recantation, and do {)enance under Jovian ; the Hrst. step
toward whieli was, that lie cast himself prostrate to the
earth before the g-ate of the church, crying- out, (Jalcate me
insipidiim salern, tread me under foot as salt without savour.
Some Canons pass over this act as only a preliminary to re-
pentance:* but Gregory Thautnaturgus and St. Basil, ex-
pressly mention it in tlieir Canons. Gregory says,^ f he place
of the mourners is without the gate of the cliurcli, where the
sinner must stand, and beg the prayers of the faithful, as
they enter iti. And St. Basil thus describes the four stations
of penitents: the first year they are to weep before the gate
of the church f the second year, to be admitted to hearing ;
the third year, to genuilexion, or repentance properly so
called; and the fourth year, to stand with the faithful at
prayers without partaking of the oblation. And in this sense
we may understand that passage in St. Ambrose,* where
speaking to one that had corrupted a virgin, he tells him,
his only method now was to implore the help of the saints
(meaning, not saints in heaven, but saints on earth in the
Church) and to cast himself at the feet of the elect: which
seems plainly to allude to this custom. In like manner Eu-
sebius,^ describing the behaviour of Natalis, the confessor,
upon his return to the Church, from the Theodosian heretics,
who had allured him by great rewards to become bishop of
their party, says, he came in sackcloth and ashes, and with
tears cast himself at the feot of Zephyrinus, then bishop of
Rome ; and not only laid himself under the feet of the clergy,
but the laity also; endeavouring to move the merciful
Church of the merciful Christ to compassion with his
tears, and by shewing them the marks of the stripes,
which he had endured for the confession of Christ.
Where falling at the feet of the laity, as well as
the clergy, can hardly refer to any thing else beside
this preparatory introduction to penance, which the mour-
' Con. Nic. can. xi. et xii. Con. Ancyr. can. 4, 6, 9. * Cjtcb;.
Thaumatiirg. can. xi. * Basil, can. xxii. Vid. can. 5(3, 57,
58, 69, (it, (5(5, 75, ibid. * Anibros. ad Virgin. Lapsam, cap,
viii. Sanctorum pctas Huxiliiim, jaccas yub pedibus tlectoruni.
* Euspb. lib. V. cap. 2S.
534 THE ANTIQUITIES OF THE [BOOK XVIIl.
ners used in the church-porch, when they cast themselves
before the people, to hog* their prayers, and obtain admis-
sion into the first apartment of the church.
Sect. 4. — Of the Andientcs or Hearers.
When their petition was thus accepted, they were said to
be admitted to penance, that is, to have liberty to pass
through the several stages of disciphne, which the Church
appointed for the probation and trial of such as pretended
real sorrow for any notorious offence, and the scandal given
to the Church by the commission of it. This is the true
meaning of those common phrases, which so often occur in
the writings of the Ancients, " Panitentiam clare,^^ and
" Pcenitentiam accipere^^ giving and receiving penance;
that is, granting or accepting the conditions of public pe-
nance in the church. Now when men were admitted to this
state, they were termed Audientes, or hearers, which was
the second order of penitents ; or, if we please, the first of
those that had any privilege to enter the church. These
were allowed to stay and hear the Scriptures read, and the
sermon preached ; but were obliged to depart, before any of
the common prayers began, with the rest of those, catechu-
mens and others, who went by the general name of hearers
only. There is frequent mention made oi these in the an-
cient Canons,* prescribing how long penitents were to con-
tinue in this station, a year, or two, or three, according as
their offence required. Gregory Thaumaturgus particularly
assigns them their station in the Narthex,^ or lowest part of
the Church, where they stood to hear with the catechumens
of the first or second order, called hearers, and were dismiss-
ed w'ith them as soon as the sermon w^as ended, before any
prayers begun. St. Basil says expressly,^ they were hearers
only, and not allowed to be present at any prayers whatso-
ever. Which agrees exactly with the order in the Constitu-
tions,* where the deacon is appointed to make proclamation,
' Con. Nic. can. xi. et xii. Con. Ancyr. can. 4, 6, 9.
" Greg. Thaum. can. xi. » Basil, can. Ixxv. Vid. Greg.
Vyssen. can. iii. * Constit. lib. viii. cap. 6.
CHAP. 1.] CHRISTIAN CHURCH. SS^
as soon as the sermon was ended, " Ne quis audientium, ne
quis infidelium : Let none of the hearers^ let none of the wi-
believers be vresenty
Sect. 5. — Of the Kneelers or Prostrators.
And in this they were distinguished from the penitents of
the third order, who were called TowkXivovtiq and 'YTroTrtTr-
ToiTEcby the Greeks, and Genujlectentes, or Substrati, by the
Latins; that is, kneelers ov prostrators, because thoy were
allowed to stay and join in certain prayers particularly made
for them, whilst thoy were kneeling' upon their knees. Bel-
larmin commits a strange mistake, and betrays a great deal
of ig'norance in the Greek tongue, whilst he explains the
name 'YTroTr'nrTwmg to be the station of those, who were oc-
cupied in the contemplation of heavenly things;' taking* the
word to come from "oTT-Ojuai, t-/f//?o, to see or contemplate;
whereas every one knows it comes from uVoTrtTrrtu, to kneel,
or fall doivn and lie prostrate on the ground, whence they
were properlj' denominated kneelers or prostrators. These
were allowed to stay in the church after the hearers were
dismissed, and hear the prayers, that were offered up, parti-
cularly for them by all the people, and receive imposition of
hands from the bishop, who also made a particular prayer
for them, which was styled, the imposition of hands upon
the penitents, and the bishop's benediction. The Council
of Laodicea,'^ speaks of these prayers under this very title,
calling them the prayers of those, that were under penance
and imposition of hands. St. Chrysostom also mentions
them more than once,^ styling them the prayers for the pe-
nitents, and the prayers full of mercy, because in them in-
tercession was made to God for the penitents by the common
voice both of the minister and people. The author of the
Constitutions, has the forms of these prayers,* which I omit
' Bellar. de Poeait. lib.i. cap. 22. torn. iii. p. 959. « Con.
Laodic. can. xix. * Chrys. Horn, xviii. in 2 Cor. p. 873.
Hom.lxxvi. in Mat. p. 624. ♦ Conslit.lib. viii. cap. 8 et 9.
536 THE ANTIQUITIES OF THE [bOOK XVllI.
here, because they have been recited at length in a more
proper place,' where we give an account of the ancient li-
turg-y or service of the Church. The station of this sort of
penitents was within the nave or body of the Charch,^ near
unto the ambon, or reading-desk, where they received the
bishop's imposition of hands and benediction. Some ca-
nons style this order simply the penitents,^ by way of em-
phasis, without any otiier distinction : because they were
the most noted, and the greatest part of penitential acts be-
longed to them whilst they were in this station, of which
I shall give a more particular account in the following
chapters.
Sect. 6. — Of the Conshfentes, or Co- slanders.
The last order of penitents were the ^vvigdixevoi, Consis'
tentes, or co-standers, so called from their having liberty,
after the other penitents, energumensand catechumens were
dismissed, to stand with the faithful at the altar, and join in
the common prayers, and see the oblation offered ; but yet
they might neither make their own oblations, nor partake of
the eucharist with them. This the Council of Nice calls,*
communicating with the people in prayers only without the
oblation ; which for the crime of idolatry was to last for two
years, after they had been three years hearers, and seven
years prostrators before. The Council of Ancyra, often*
uses the same phrase of communicating in prayers only, and
communicating without the oblation : and in one Canon ex-
pressly styles this order of penitents,^ the ^vvina^ivoi, co-stan-
ders ; by which name they are also distinguished in the Ca-
nons of Gregory Thaumaturgus,'^ and frequently in the Ca-
nons of St. Basil.^ In all which we may observe, that the
• Book. XIV. chap. v. sect. 10. * Gregor. Thaumatiirg. can. xi.
* Con. Laodic. can. xi\. * Con.Nic. can. xi. Auo tr»j x^op'iQ irpoatjio-
pac KoivwvtjrTiftn np ^a<^ riiv Trpofftx^'"^" ^ i'^* can. xii. ibid. * Con. An-
cyr. can. iv. 'Ei»x>/ C fi6vi)s KOivwvnffai. Can. v. Kon'uii'r](Tar<,iaav x^pif
Trpoff^opac It. can. 8, 16, -25. * Con. Ancyr. can. xxvi.
' Greg.Thaumat.can xi. 'Basil, can. 22, 66, 67, 58, 59,61,
66, 75.
CHAP. II.] CHRISTIAN CHURCH. 03
word commutjicfiting- does not always sig-nify parlakinj^'- of
the eucharist, but communicatino- in prayers only witlioiit
the oblation ; which was but an imperfect sort of commu-
nion ; in opposition to wliicli, when ihey were admitted ag-jiin
to the eucharist, tliey were said " iX0i7v tTri to tiXhov, to
attain fo perfection f' the particij)ation of the eucharist being
the highest state, or consummation and perfection ofa Chris-
tian. This is the short account of these several orders of
penitents, and their stations in the Church : but to have a
comphHe view of the ancient manner of performing- penance,
it will be necessary to consider both the ceremony of ad-
mission to tliis state, and the several acts of penance, which
they performed during- their progress or passage through the
several stages of it; as also the length of time, or the dura-
tion and continuance of this exercise; which was often for
a course of many years, and sometimes to the hour of death,
without any remission or relaxation. The eonsiderin<J- all
which will give us an exact and clear idea of the ancient dis-
cipline, and shew us at once both the severity, and prudence,
and purity of the Church, in proceeding with sharpness
against great delinquents, as well to examine the sincerity
of their repentance, as to take off the scandal cast upon
religion, and prevent their backsliding and relapses for the
future. Of these things therefore in the following chapters.
CHAP. II.
Of the Ceremonies used in admitting Penitents to do pub-
lic Penance, and the manner of performing it in the
Church.
Sect. 1. — Penitents first admitted to Penance by Imposition of Hands.
When a penitent desired to be admitted to do public pe-
nance, and his petition was accepted, the first ceremony
' Con. Ancyr. can. 4, 6, 6.
538 THE ANTIQUITIES OF THE [bOOK XVIII.
that was used, was to grant him penance, as the phrase was,
by imposition of hands. For this was a ceremony used al-
most in all religious actions, when any person was solemnly
to be recommended to God in prayer. There were many other
impositions of hands given them daily, when they came into
the third order of penitents ; but this was previous to their
admission, or rather the form and ceremony of it, when they
were first taken in to be hearers in the church. For this
we have the plain testimony of the Council of Agde,' which
orders, " that penitents, at the time when they desire to be
admitted to do penance, shall receive imposition of hands
from the bishop, and sackcloth to cover their heads."
Sect. 2. — And obliged to appear in Sackcloth and Ashes upon their
Head.
In which canon we may observe another rite and cus-
tom of common use in this matter : which was, that peni-
tents were obliged to appear in sackcloth, as an indication
and token of their great sorrow and indignation against
themselves. Other writers join sackcloth and ashes toge-
ther; for so Eusebius describing the penitential mien of
Natalis the confessor, upon his return from the Theodosian
heretics to the Church says,^ he came clothed in sackcloth
and sprinkled with ashes. And St. Ambrose writing to a
virgin, that had lapsed, plainly alludes to both customs, when
he tells her,^ "she must macerate her whole body, sprinkling
it with ashes, and covering it with sackcloth." In like man-
ner Tertullian, discoursing of public penance,* says, it
obliges the sinner to change both his diet and his habit, to
defile his body, and lie in sackcloth and ashes. Neither
were the greatest personages exempted from this ceremony.
' Con. Agalhcn. can. xv. Pcenitentes tempore quo poenitentiam pptunl
impositionem manuuin et cilicium super caput a saccrdote consequantur.
• Euseb. lib. v. cap. 28. See Con. Tolet iii. can. 12. " Am-
bros. ad Virg. Lapsam, cap. viii. Totuni corpus incurift maceretur, cinere
.aspersum et opertum cilicio. Vid. Cypr. de Lapsis, p. 135. * Ter-
ul. de Poenit. cap. ix, De ipso quoque habitu atque victu mandat, sacco
et cineri incubare, corpus sordibus obscurate.
CHAP. II.] CHRISTIAN CHURCH. 539
For St, Jerom' describing the penance of Fabiola, <jne olthc
greatest ladies in Rome, says, " she stood in sackcloth in tlie
order of penitents in the Lateran Church, to make public
confession of her fault in the sight of all the people of
Rome:'' and they continued the use of it during their pas-
sage through all the stages of repentance. For even at last
they appeared in sackcloth, when the course of their whole
penance was ended, and in this garb, as the Council of
Toledo words it,''^ were absolved, and reconciled to the altar
of God." And this is always the meaning of those expres-
sions, which speak of penitents changing their garb, and
taking* the mournful habit of repentance. Some think this
was always done precisely on Ash-Wednesday, or the be-
ginning of Lent, which from thence was called Dies Cine-
rum, the day of sprinkling ashes, and Caput Jejuyiii, the
head or beginning of the fast. But this, for ought I can
find, is founded upon very uncertain tradition, and the au-
thority of modern authors ; there being a perfect silence
in the more ancient writers about it. Bellarmin cites the
authority of the Council of Agde for it:^ but this is only to
be found in Gratian,*for there is no such Canon in the tomes
of the Councils. And the Roman correctors of Gratian
own as much, referring us to the Roman Penitentiale, and
Pontifical, and the Ordo Romanus for the substance of it.
And so Baluzius says,^ Burchardus has it out of the Roman
Penitentiale, which is of a much later date : neither does
the canon, as cited by Gratian, prove the thing in question,
but only describes the ceremony, that was used toward peni-
tents in the beginning of Lent, whether they were then first
admitted to penance, or had been admitted before : which
very thing supposes, that penance might be imposed at
other times, as well as the first day of Lent, as the old gloss
Hieron. Ep. xxx. Epitaph. Fabiolse. Quis hoc crcderet, ut saccum iii-
dueret, ut errorem publice fateretur, ft totS urbe spectante RomanS, ante
diem Paschte, in Basilic^ Laterani staret in ordine Pcenitentiuni?
* Con. Tolet. i. can. 2. Qui sub cilicio divino reconciliatus est aUarto.
'' Be.llarm.de Pojnitent. lib.i. rap. 22. ♦ Grat. Dist. 1. cap. 6i.
* Baluz. Nol. ad Gratian, p. 464.
540 THE ANTIQUITIES OF THE [bOOK XVIII
upon Gratian rlg^htly observes. The ceremony, as it is de-
scribed bv Gratian, seems only to be an account of the disci-
pline used towards penitents in Lent, dillerent from their
treatment at other seasons of the year. For, in Caplte
Quadragcsimce, on Ash-Wednesday, or the first day of Lent
all penitents, wlio either then were admitted to penance, or
had been admitted before, were presented to the bishop be-
fore the doors of the churcb, clothed in sackcloth, bare-
footed, and with countenances dejected to the earth, confes-
sing-themselves g-uiity both by their habit and their looks.
They were to be attended by the deans or arch-presbyters
of the parishes, and the penitential presbyters, whoso office
was to inspect their conversation, and enjoin them penance
according to the measure of their faults by the degrees of
penance, that were appointed. After this they bring- them
into the church, and then the bishop with all the clerg-y
falling prostrate on the gTound, sing the seven penitential
psalms with tears for their absolution. After this the bishop
rising from prayer, gives them imposition of hands, sprinkles
them with holy water, puts ashes upon their heads, and then
covers their heads with sackcloth, declaring* with sighs and
groans, that as Adam was cast out of Paradise, so they for
their sins are cast out of the Church: then he commands
the inferior ministers to expel them out of the doors of the
church ; and the clergy follow them, using this responsory,
'• In the sweat of thy face shalt thou eat thy bread : for dust
thou art, and unto dust thou shall return." In the end of
Lent, on the Thursday before Easter called Coena Domini,
the deans and presbyters are to present them before the
gates of the church again. Thus far Gratian's account, which
is manifestly not a determining the time of imposing pe-
nance to be the first day of Lent, but a description of the
manner of treating all penitents in Lent, whatever lime
their penance was imposed uj)on them. And as there are
some things in it comformable to the ancient discipline,
so there are many things in it, that plainly discover it to
have relation to a more modern practice. For there
was no use of holy water in the ancient discipline ;
nor seven penitential psalms in the ancient service, but
only one penitontifd psalm, that is (he fifty-Hrsl. torn-
CHAP. II.] CHRISTIAN CHURCH. 541
monly clistinj>-uishocl by the name of Psaltnus Exomolo-
geseos, the penitential psalm, or psoltn of cunfession. Nei-
ther was Ash-Wednesday anciently the first day of Lent,
till Gregory the Great first added it to Lent, to make the
number of fasting- days completely forty, which before were
but thirty-si.v. Neither does it appear, that anciently the time
of imposing" penance was confined to the beginning of Lent,
but penance was granted at all times, whenever the bishop
thought the sinner qualified for it: as St. Ambrose admitted
Theodosius to penance at Christmas ; and there are many
examples of the like nature. The circumstance therefore of
time must be passed over as unlimited and uncertain. Only
whenever penance was imposed, the sinner was obliged to
change his habit, and appear in a mournful dress, agreeable
to a state of repentance: which is all that can be concluded
from any of the ancient canons, which speak of the circum-
stances of repentance.
Sect. 3. — And to cut otf their Hair, or go veiled as another Token of
Sorrow and Mourning.
At the same time that they changed their habit, some
canons obliged penitenls to cut oft" their hair, or shave their
heads, if they were men, as another indication of sorrow
and mourning. And women were enjoined to wear a peni-
tential veil, arid either to cutoff their hair, or appear with it
dishevelled, and hanging loose about their shoulders; which
was another token of deep sorrow and affliction. The
Council of Agde made a peremptory order,* that if any, who
desired to be admitted to penance, refused to cut oft' their
hair, they should be rejected. And the third Council of
Toledo has a like order,^ " that when any one desires penance
of the bishop, he shall first poll him, and make him change
his habit for sackcloth and ashes, and so admit him to do
' Con. Agathen. can. xv. Si autein comas non deposuerinl, aut vestiraenla
non mutaverint, abjiciantur.
• Con. Tolet. iii. can. 12. Quicunque ab episcopo poenilentiam postulat,
prius eum tondeat, aut in cinere et cilicio liabitum mutare faciat, et sic poe-
nitentiam ei tradat. Si vero mulier fuerit, non accipiat poenitentiara, nisi
priiis aut velata fuerit, aut mutaverit habitum.
542 THE ANTIQUITIES OF THE [BOOK XVIII
penance."' Optatus alludes to this custom, when speaking
of the rudeness of the Donatists in bringing some Cathohc
bishops to do penance,^ he says that contrary to all rules they
had shaved the heads Of the priests: they, who ought to pre-
pare ears to hear their instructions, had prepared razors to sin
against them; that is, they had made them do public pe-
nance in order to retain their clerical office, which ought
not to be done : for if a clergyman was to do public pe-
nance, he ought first to be degraded for his ofience, and do
penance only as a layman. As to women, the custom was
to put them on a penitential veil, which is expressly required
by the third Council of Toledo, appointing,^'" that no woman
should be admitted to do penance, except she was first
veiled, and had changed her habit." Whence Optatus calls
such veils, the veils of repentance;^ objecting it to the
Donatists, that they had forced the Catholic virgins, who
were innocent, to submit to their imposition of hands, and
wear upon their heads the veils of repentance. St. Ambrose
seems to intimate, that they also had their heads sometimes
shorn or shaven. For writing to a virgin, who had commit-
ted fornication, he bids her cut off her hair,* which through
vain glory had given her occasion to sin. But this was no
general custom : for St. Jerom, describing the penance of
Fabiola,* says, she did it " sparso crine, with her hair dishe-
velled, the bishop and presbyters and all the people weeping
with her." Whence we may observe also, with what seri-
ousness, gravity, and concern this whole matter was trans-
Optat. lib. ii. p. 58. Ubi vobis mandatam est ladere capita sacerdofum T
-Qui parare debebas aures ad audiendum, parasti novaculam ad delin>
quenduin. Vid. Cypr. de Lapsis, p. 135. ® Con. Tolet. iii. can. 12. Si
niulier fuerit, non accipiat pocnitentiam, nisi priiis aut volata fuerit, autmufa-
verit habitum. ^ Opfat. lib. ii.p. 59. Extendistis raa-
num, et super omne caput mortifera vclamina pra;tendistis. Et.p.61. Cum
super earuin capita velaminapoenitentiiE teiulitis. * Ambros-
ad Virg. Lapsain, cap. viii. Amputeiitur crines, qui per vanam gloriam oc-
casionein luxurise praestiterunt. * Hieron. Ep. xxx. Ut
slaretin ordine Poenitentiuni, Episcopo, Presbyteris etorani populo collacry-
mamibus, sparso crine, ora lurida, et squalidas manu«, sordida calla submit-
terit.
CHAP.
[I.] CHRISTIAN CHURCH. 543
sacted. For not only the party under penance took shame
to hinnsell', and hy these ceremonies expressed his sorrow
with tears; but the whole Church with a compassionate
fellow feeling-, took share in his grief, suffering- with a suf-
fering member, and weeping- and mourning together with
him. After this manner Socrates, represents the practice of the
Roman Church in this exercise, telling us, that not only the
penitents prostrated themselves upon the ground with la-
mentation and wailing, but that the bishop meeting them in
their proper station, fell to the earth likewise with tears,
whilst all the congregation wept with them. Then the
bishop rose up, and raised the penitents likewise, and made
the usual prayers for them before the mystical service began,
and so dismissed them from the Church. This was a very
solemn way of performing penance, that made a just im-
pression upon the whole Church, whilst every man was
touched with a sense of his brethren's folly, and made their
sins not matter of sport or ridicule, but an occasion of ex-
pressing his pity and compassion toward them, as members
of the same body, weeping with those that wept, and joining
his prayers and tears with theirs, to besiege heaven with
united force, and obtain of God mercy and pardon for
them.
Sect. 4. — Penitents to abstain from Bathing, and other innocent Diver-
sions of Life, as Feasting, &c.
Socrates takes notice in the same place, that penitents
were used to abstain from bathing and other innocent diver-
sions of life. For he says, they exercised themselves wil-
lingly in private, " ^ vtgeiaig, "jjaXscrmte, rj tSfcrjuarwv airoxji,
with fastings, and neglect of bathing, and abstinence from
meats,'"' as long as the bishop thought fit to enjoin them.
Which is also intimated by Pacian, when he brings in the
Socrat.lib. vii. cap. 16.
544 THE ANTIQUITIES OF THK [BOOK XVIII.
penitent declaring-/ " that if any one called h'lny to the bath
he refused such delights: if any one called him to a feast,
his answer was: Those things belong to the happy; but
as for me, I have sinned against the Lord, and am in danger
of eternal destruction."
Sect. 5.— To observe all the public Fasts of the Church.
And as they thus exercised themselves in private absti-
nence, mortification and fasting ; so they were more espe-
ciailv oblio-ed to observe all the public fasts of the Church.
There might be some reasons to excuse others, and dispense
with the rigour and severity of this exercise in some cases
and circumstances, requiring a little abatement in the laws
of fasting : but penitents were tied up to the strictest obser-
vance of them. And therefore the fourth Council of Car-
thage made a decree,^ that penitents should present them-
selves at church on all times of fasting, and receive impo-
sition of hands from the priests.
Sect. 6.— To restrain themselves in the Use of the conjugal State.
Some directions are also given, at least by private wri-
ters, that penitents should abstain from the use of the mar-
riage bed, during- their continuance in the state of public
penance. This is a rule laid down by St. Jerome,^ that in
the time of fasting the bridegroom and the bride should
sequester themselves from one another. " For he that says,
he does penance by abstinence from meat, and fasting', and
alms, in vain uses this speech, except he go out of his
' Pacian. Paraenesis ad Poenitent. Bibl. Patr. tom.iii.p. 73. Si quis ad bal-
neum vocet, recusnre delicias; si quis ad convivium vocet, dicere, Tsta
felicibus ! ego deliqui in Dominum, et periclitor in jeternum perire. Vid.
Tertul. de Poenitent. cap. ix. Plerumque vero jejuniis preces alere, &c.
Cypr. de La|>.sis, p. 135. * Con. Carth. iv. can. 80. Omni tempore
jejunii manus paMiitentibus ii sacerdotibus iniponatur. ^ Ilieron. in
Joel. cap. ii. In tempore jejuni! non serviat sponsus et sponsa operi nupti-
ali. Qui incastjoratione victus, et jejunio, et eieemosynis dicit so af^ere
poenitentiam, frustra iioc serraone promittit, nisi egrediatur de cubili suo, et
sanctum purumque jejunium pudicfi expleat pocnitentifi.
CHAP II,] CHRISTIAN CHURCH. 545
chamber, and make his fast holy and pure by adding- conti-
nence to his repentance," And so St. Ambrose reckons
this a necessary part of self-denial npon such an occasion.'
" Does any one think that to be ropontnnce, where a man is
cng-aged in an ambitious pursuit of honour, and indulges
himself in the use of wine and tlic marriage beil '. Men must
renounce the world, abridge themselves of sleep, which na-
ture requires, entreat the favour of God with sighing- and
mourning and earnest prayers, and live so as to die to the
use of this life, and deny themselves, and become wholly
new men.
Sect. 7. — For which Reason no married Persons were admitted to Pe-
nance, but by Consent of both Parties.
I cannot be positive, and therefore will not venture to
affirm it absolutely, that this was imposed by any public
rule of the Church, because I remember no Canon at pre-
sent, that precisely enjoins it. The only thing- that may in-
cliise a man to think there was such a rule, is, that there is
another rule of near relation to it, and which seems to be
grounded upon the presumption of such a practice: that is
an order we find in the second Council of Arles,^ that pe-
nance should not be granted to any married people, man or
woman, without the desire and consent of both parties, this
seems to be grounded upon a supposition, that penitents
were under obligation to contain during the time of their
penance; and if the innocent party would not consent, no
force or compulsion could be laid upon them. For the
laws of matrimony are prior to any rules, that could be made
about the exercise of public discipline by the Church.
Sect. S.^Penitents not allowed to marry in the Time of their Penance,
It is another rule of the same Council, proceeding upon
> Ambros. de Pcenitent,lib. ii, cap. 10, An quisquam illam pojnitentiam
putat, ubi acquirendse ambitio dignitatis, ulii vini effusio, iibi ipsiiis copiilae
conjugalis usus ? Renuncianduin seculo est, somno ipsi min.is iiidulgenduin
seipsum sibi homo abneget, &c. * Con. Arelat, ii, can, 22.
Poenitentiam conjugatis non nisi ex consensu dandara,
VOL. VI, 2 N
546 THE ANTIQUITIES OF THE [bOOK XVIII.
the like reason and supposition of perfect contineney in
public jienitents, that no penitent, man or woman, should
have libertv to marrv- whilst thev were doiner penance:* and
if they did, they should be rejected, and debarred even from
entering- under the roof of the church. Or if they held any
suspicious conversation, or unlawful familiarity with
strangers, in this state, they were liable to the same cen-
sure. For all this was thoug-ht improper in their circum-
stances, and inconsistent with the profession of a solemn and
deep repentance.
Sect. 9. — Penitents obliged to pray kneeling on all Festivals and Days of
Relaxation.
And whereas all others might pray standing on all festi-
vals, on the Lords-day, and the comtneraorations of mar-
tyrs, and the whole fifty days between Easter and Pentecost,
which were called days of relaxation, and the standing pos-
ture was appointed to be used on them by the laws of the
Church: penitents are particularly excepted from this pri-
vilege, and obliged to pray kneeling at these times as well
as any other. For this posture was most agreeable to their
state, whose devotions consisted onl\" in the expression of a
deep humility and sorrow for sin, for which kneeling was
thought the most decent posture. Therefore as others
were obliged to pray kneeling on their stationary diiys, and
days of fasting, because those were times of more solemn
humiliation: so the penitents were obliged to kneel every
day,- even on the days of remission, because every day was
a day of humiliation to tl.em, and their business in the
church was only to sue for mercy, and to prostrate them-
selves to receive the solemn imposition of hands and bene-
diction.
• Con. Arelat. ii. can. 21. Po?nitentfS, quce, dcfuncto viro, aliisnubere
praesumpserint, vi'l suspectS vol interdicta familiaiitate se cum exlraneo
junxeriiit, cum eodeiii ab ccclcsia; liiniiiibiis arciaiitur. Hoc etiam de viro
inpoenitfntia posito placult observaii, ^ Con. Carth.iv.
can. 82. Poenitente.s etiam diebus remi.<;sionis genua flectent.
CHAP, TI.] CHRISTIAN CHURCH. r>47
Sect. 10. — Penitents obliged to shew their Liberality to the Poor.
And because mercy and liberality to the poor was a great
argument and evidence of repentance, this was always in an
eminent degree exacted of them. Cyprian puts this among'
the other indications of repentance. " Can we think," says
he, " that that man laments with his whole heart, and depre-
cates the Lord with fasting, weeping, and mourning, who,
from the very moment of his sinning, daily frequents the
baths, who feeds himself with luxurious feasting, and fills his
belly to an extraordinary pitch, only to belch forth his cru-
dities the day after ; who imparts not his meat and drink to
the necessities of the poor '? How does he bewail his own
death, who walks about with a merry and cheerful counte-
nance, who trims his beard and attires his face 1 Does he
think to please men, who displeases God? Does that wo-
man lament and mourn, who is at leisure to put on her
costly clothing', and never thinks of the garment of Christ,
which she has lostl" Tn such a case he thinks charity to
the poor would be a more becoming ornament, than all
their silks, and jewels, and gold : therefore he advises them
to put on the ornament of Christ, that they might not ap-'
pear naked before him.
Sect. 11. — Penitents obliged to minister and serve the Church in bury-
ing the Dead.
Finally, in some Churches the penitents were obliged to
take upon them the office and care of burying the dead rand
this by way of discipline, and exercise of humility and cha-
rity, which were so becoming their station. In many
Churches, especially those of greater note, this business de-
volved upon a certain order of men, called Parabolani,
whose office was particularly to attend the sick, and take
care to bury the dead :' but probably there was no such
> Cypr.de Lepsis, p. I3d. * Book iii.chnp. 9
2 N 2
548 THE ANTIQUITIES OF THE [BOOK XVII
Standing oflSce in many Churches, and therefore this em-
ployment was put upon the penitents, as a proper exercise
for men in their condition. It is certain it was so in the
African Churches: for the fourth Council of Carthage gives
a particular direction in the case,* " that the penitents should
bear out the dead to the church, and take care of their bu-
rial." These were some of those wholesome and salutary ex-
ercises, with which the ancient Church disciplined her pe-
nitents, especiallly those of the third order, who were more
emphatically called penitents, as being in the state of pros-
trators, which was the most noted order of penitents in the
Church. But there is one eminent act of penance, belong-
ing to this order, yet behind ; that is, the Exomologesis, or
confession : which, because it has been turned into a new
thing by the Church of Rome, and occasioned some great
disputes, I have purposely reserved for a distinct handling,
and shall make it the subject of a particular dissertation in
the following chapter.
CHAP. in.
A particular Account of the Exomologesis, or Confession
used in the Discipline of the ancient Church ; shewing
it to be a different Thing from the private or auricular
Confession introduced by the Church of Rome.
Sect. 1. — The gross Mistake of those, who make the Exomologesis of the
ancient Church to signify auricular Confession.
There is nothing more common among the polemical
writers of the Romish Church, than wherever they meet
with the word Exomologesis in any of the ancient writers,
' Con. Cnrth. iv. ran. Bl. Moituos pcenilentcs ecclesije aflferant ct se-
peliant.
CHAF. HI.] CHRISTIAN CHURCH. 510
to interpret it private or auricular confession, such as is now
practised in the communion of that Churcl), and imposed
upon them'as absolutely necessary to salvation. But they,
who with greater judgment and ingenuity among themselves
have more narrowly considered the matter, make no scruple
to confess, that tlie Exomologesis of the Ancients signifies
a quite ditt'ercnt thing, viz. the whole exercise of public pe-
nance, of which public confession was a noted part. The
learned Albaspinseus very strenuously sets himself to refute
this error in the writers of his own party. Cardinal Bellar-
min, says he,* and Baronlus, and Maldonat in his Contro-
versies, and Pamelius in his Commentaries upon Tcrtullian
and Cyprian, lay it down as a certain truth, thattlio Fathers
generally take the word Exomologesis for private and auri-
cular confession : but having long and accurately consider-
ed all the places where it is mentioned, 1 cannot come in —
to their opinion. The Fathers, adds he, always use this word,
when they would describe the external rites of penance, viz.
weeping, and mourning, and self-accusation, and other the
like things, which penitents usually practised in the course
of public penance. For no one can be ignorant, that in
those first ages, penitents performed a long and laborious
penance, wherein they mortified themselves with continual
weeping, and stood before the gates of the church to give
public testimony of their sorrow for the sin they had com-
mitted: moreover that they cast themselves on the ground
at the bishop's feet, and fell down at the knees of the mar-
tyrs, and besought all the rest of the faitliful, that they
would become intercessors to God for them, being- clothed
in sackcloth, and covered with filthiness and horror: and
that when they had gone thus far in their penance, the
bishop was used to bring- them from the doors into the
church, '"and set'^them before the presbyters, the deacons,
the widows, and all the people; where again they were used
to prostrate themselves on the ground, detesting- their sins,
and commending- themselves to the prayers of all, and so-
Albaspin. Obscrvgl. lib. it. i-Hp. l?(i. p. 133.
550 THE ANTIQUITIES OF THE [bOOK XVIII.
lemnly protesting, that they would never relapse or return
to their former condition again. "iVnd upon this account,'
says he, "we often find this last rite called Exomologesis by
the Fathers, because it contained many acts in it, expressmg
sorrow for the crimes tliey had committed ; in like manner as
the whole action and tenor of a penitent's life, wlulst he is
doing- penance, is sometimes called Exomologesis by the
Fathers." This he proves and confirms from many irrefra-
gable testimonies out of Tertullian, Cyprian, and other an-
cient writers, which I shall not here relate, but only allege
one passage of Tertullian, which comes home to the pre-
sent purpose. " The Exomologesis,^' says he,' " is the dis-
cipline of a man's prostrating and humbling himself, enjoin-
ing him a conversation, that moves God to mercy and com-
passion. It oblig-es a man to chang'e his habit and his diet,
to lie in sackcloth and ashes, to defile his body by a neglect
of dress and ornament, to afflict his soul with sorrow, and to
change his former sinful conversation by a quite contrary
practice: to use meat and drink, not to please his appetite,
but only for preservation of life ; to quicken his prayers and
devotions by frequent fastings ; to groan and weep, and cry
unto the Lord God both day and night; to prostrate himself
before the presbyters of the Church, to kneel before the
friends of God, and beg of all the brethren, that they would
become intercessors for his pardon : all this the Exomologe-
sis requires to recommend a true repentance." Here is not a
syllable of private or auricular confession, but all relates to
the public confession before the Church ; and that not so
much in words, as in actions, expressing their repentance
in public demonstrations of their sorrow, and the uniform
tenor of a penitent behaviour; which was of far greater mo-
ment to signify and eviaence their conversion, than the
most pathetical words of any mere verbal or private con-
fession.
' Tertul. de PoeniteJit. cap. ix. Exomologesis prosternendi et humilifi-
candi hominis disciplinaest, conversationem injunfrens iniscricordiae illicem.
De ipso quoque habitu et victu mandat, sacco et cineri incubare, corpus sor-
dibus obscurare, animum moeroribus dejicere, &c.
CHAP. III.J CHRISTIAN CHURCH. 551
Sect.2. — No Necessity of auricular Confcssioh ever urged by the
ancient (.'hurcli.
And this is one arg"unieut to prove, that the doctrine of the
necessity of auricular confession was wholly unknown to
the ancient Cluirch. For when public discipline was in
g-eneral use, and all men were disposed to submit to it, there
could be little occasion for private confession, the reason
and ground of which was much better answered by the pub-
lic. But besides this, there is most plain and direct evi-
dence from the testimonies of the Ancients, that no neces-
sity was laid upon any man to make private confession of
all or any of his secret sins to a priest, as a matter of indis-
pensible obligation, either to qualify him for the reception
of the Eucharist, or to give him a title to the communion of
the Church and eternal life, I have already shewn this,
with a particular respect to the reception of the Eucharist,
out of some very plain passages of Chrysostom, Gennadius,
Laurentius Novariensis,' and other ancient writers; to which
I shall here add such other testimonies, as evidently shew,
they required no private confession to be made to man, ex-
cept in some very particular cases. St. Chrysostom exhort-
ing- men to repentance, says,^ " I bid thee not to bring thy-
self upon the stage, nor to accuse thyself unto others : but I
advise thee to observe the prophet's direction, reveal thy
way unto the Lord, confess thy sins before God, confess
them before the judge; praying, if not with thy tongue, yet
at least with thy memory ; and so look to obtain mercy. It
is better to be tormented with the memory of thy sins now,
than with the torment, that shall be hereafter. If you re-
member them now, and continually offer them -o God, and
pray for them, you shall quickly biot them out: but if you
forget them now, you will then remember them against your
will, when they shall be brought forth before the whole
world, and be publicly exposed upon the stage before all,
' Book XV. chap. 8. sect. G. '■' Chrys. Mom. xxxi. in Hebr. p. 196!^.
552 THE ANTIQUITIES OF THE [bOOK XVIII.
friends, enemies, and angels," In another place,* " It is not
necessary, that thou shouldst confess in the presence of wit-
nesses ; let the inquiry after thy sins be made in thy own
thoughts; let this judgment be without any witness ; let
God only see thee confessing-." Again,^ " I beseech you
make your confession continually to God. For I do not
bring thee into the theatre of thy fellow-servants, neither
do I constrain thee by any necessity to discover thy sins
unto men: unfold thy conscience before God, and shew Him
thy wounds, and ask the cure of Him. Shew them to Him,
who will not reproach thee, but only heal thee. For although
thou confess not, He knows all. Confess therefore, that thou
raayest be a gainer. Confess, that thou mayest put off thy
sins in this world, and go pure into the next, and avoid that
intolerable publication, that will otherwise be made here-
after. " Why art thou ashamed and blushest," says he, in
another place,^ " to confess thy sins ? Dost thou discover them
to a man, that he should reproach thee? Dost thou confess
them to thy fellow-servant, that he should bring thee
upon the open stage? Thou only shcwest thy wound
to Him, who is thy Lord, thy Curator, thy Physician, and thy
Friend. And He says to thee, I do not compel thee to go
into the public theatre, and take many witnesses. Confess
thy sin in'private to Me alone, that I may heal thy wound, and
deliver thee from thy grief." There are almost twenty pas-
sages in the same author,* very full and pregnant to the
some purpose, which the learned reader may consult in their
proper places, or view them at once collected together by
Mr. Daille in his excellent book of Auricular Confession,^
' Chrys. Hom.de Poenitent. t. v. Edit. Latin. * Horn. xxx. sive
5. De incomprehensibiU Dei Natura, t. i. p. 392, ^ Honi. iv. de
Lazaro, t. v. p. 87. * Horn. Ivii. Quod peccata non sint evulganda, t.
p. 75i. Horn. Iviii. Non esse ad gratiam concionandiim. t. v. p. 772.
Horn. Ixviii. de Pccnitentia Ahab. t. v. p. 1003. Horn. xxi. ad Pop. Antioch.
t. i. p. 270. Horn. viii. de Pcenitent. t. i. p. 700. Horn. ix. de Poenitent.
ibid. p. 709. Horn. Ixii. de Paialytieo. t. v. p. 927. Horn. xx. in Gen. t. ii.
222. Horn. ii. in Psal. 1. t. 3. ji. 1004, et 1(K)5. Horn. xx. in Mat. p. 200.
Horn, xxviii. in i. Cor. p. 669. ' Daill. de Confess. Auricular, lib.
iv. cap. 25.
CHAP. III.] CHRISTIAN CHURCH. .053
where he not only vindicates these passag-es of Chrysostom
from the sophistical g-losses and evasions of the Romanists,
but also has unanswerably proved by no less than thirty ar-
guments, and a cloud of other ancient witnesses, that there
could be no such thing as private, auricular, sacramental
confession enjoined, as of necessity to pardon of sin, in the
primitive Church. Chrysostom is not the only person, that
maintains this assertion. St. Basil says the same thing be-
fore him :• " I do not make confession with my lips, to ap-
pear to the world ; but inwardly in my heart, where no eye
sees; I declare my groanings unto Thee alone, who seest
in secret, I roar within myself: for I need not many words
to make confession : the groanings of my heart are suffi-
cient for confession, and the lamentations, which are sent up
to Thee, my God, from the botton of my soul." In like man-
ner St. Hilary makes confession necessary to be made to
God only :^ for commenting on the fifty-second Psalm, he
tells us, David teaches us, that confession is necessary to be
made to none but God, who hath made the olive fruitful with
the hope of mercy for ever and ever. And St. Ambrose as
plainly says,^ that tears poured out before God are sufficient
to obtain pardon of sin, without confession made to man.
His words are, " Tears wash away sin, which men are
ashamed to confess w4th their voice. Weeping provides at
once both for pardon and bashfulness: tears speak our
faults without horror ; tears confess our crimes without any
offence to modesty or shamefacedness.'' So again,* speak-
ing of St. Peter's tears, he says, " I find not what Peter said
but I find that he wept; I read of his tears, but I read not
of his satisfaction, ' meaning", that verbal confession was not
simply necessary to obtain pardon. And in this sense St.
Austin expounding those words of the Psalmist, " I said I
* Basil, in Psal. xxxvii. viii. ' Hilar, in Psal. li. p. 208. Nulli alii
docens confiten(iuni,quam qui fecit olivam fructiferam spe misericorcUtc in
seculum seculi. ' Ambios. lib. x. in Luc. 22. Lavant lacryina; de-
lictum, quod pudor est voce confiteri. Et vtiiiaj iietus consulunt et vere-
cundia;, &c. ♦ Ibid. p. 167. Non invenioquid dixoiit Pofrus;
invenio quod flcvcrit. Lacrymas e.jus lego; satisfactioncni ejus nun leafo.
554 THE ANTIQUITIES OF THE [BOOK XVIII.
will pronounce or declare my own wickedness against my-
self unto the Lord, and so Thou forgavest the iniquity of my
heart," says, " he had not yet pronounced it,' but only pro-
mised, that he would pronounce it, and yet God forgave
him. He had not yet pronounced it, but only in his heart;
his confession was not yet come to his mouth, yet God
heard the voice of his heart: his voice was not yet in his
mouth, but the ear of God was in his heart; which im-
plies, that God accepts and pardons the penitent and eon-
trite heart, even before any formal declaration is made by
vocal confession either to God or man." In another place^
he speaks of confession as no w^ays necessary to be made to
man. •' What have I to do wiih men, that they should hear
my confessions, as thoug'h they could heal all my diseases'?"
He also frequently tells us,^ with all the rest of the ancient
writers, that a great many of those, which the Romanists
now call mortal sins, were daily pardoned upon no other
confession but the fervent and devout use of that of the
Lord's Prayer, " Forgive us our trespasses, as we forgive
them that trespass against us." Which evidently shews,
that he did not believe auricular confession necessary for
expiating all manner of mortal sins. Maximus Taurinensis*
delivers his opinion almost in the same words as St. Ambrose
does: ''Tears wash away sin, which the voice is ashamed
to confess. Therefore tears provide at once both for men's
modesty and salvation ; they neither make men blush in
their petitions, nor disappoint them of pardon in asking."
He adds, " that tears are a sort of silent prayers : they ask
' Aug. Ser. ii. in Psal. 31. * Aug. Confess, lib. x. cap. 3. Quid
mihi ergo est cum hominilnis, ut audiant confes>iones mcas, quasi ipsi sana-
turi sintomncs languoies mens? ^ See this fully proved, book xvi.
chap. 3. sect. I*. * Max. Taurin. Horn. iii. de Poenit. Petri. Lavat
lacryma delictum, quod voce pudor est confiteri. Lacrymre ergo verecundijE
consulunt pariter et saluti ; nee erubescuiit in peteiulo, et impetiant in ro-
gando. Lacrymae tacitae quodanimodo preces sunt; veniam non postulant,
etmerentur; causam non dicunt, et miscricordiam consefiuuntur; nisi quod
utiliores laycrymarum preces sunt, quum sermonum ; quia sermo in precando
forte fallit, lacryma omnino non fallit. Sermo enim interdum non totum
profcrt negotium; lacryma semper totum prodit afFeclum.
CHAP. 111.] CHRISTIAN CHURCH. 555
not [)ar(lon in words, and yet deserve it, (that is,
in his stylo, procure it) they declare not the cause, and
yet obtain mercy. Nay the prayers of tears are nriany
times of more advantage, tlian those of words; because
words often prove deceitful in prayer, but tears never de-
ceive. For words sometimes declare but half the business;
but tears always express the whole alfection." Prosper, who
was St, Austin's scholar, follows his doctrine: for, speaking-
of private sins committed by the clergy, he says,' " They
shall more easily appease God, who being* not convict by
human judgment, do of their own accord acknowledge their
offence; who cither do discover it by their own confessions,
or else others not knowing- what they are in secret, do vo-
luntarily inflict the sentence of excommunication upon them-
selves ; and being- separated, not in mind, but in oilice, from
the altar, to which they did minister, do lament their life as
dead; assuring- themselves, that God being reconciled unto
them by the fruits of effectual repentance, they shall not
only receive what they have lost, but also being made citi-
zens, of that city which is above, they shall come to ever-
lasting joys," Cassian also assures us, that this was the
doctrine of the Egyptian Fathers. For he says, Pinuphius
the Egyptian Abbot gave this advice to the monks, tliat were
under him : " Who is it that cannot humbly say '? ' I made my
sin known unto Thee, and my iniquity have I not hid ;' that
by this confession he may confidently adjoin that, which fol-
lows: ' and so Thou forgavest the impiety of my heart.' But
if shamefacedness so draw thee back,^ that thou blushest to
reveal them before men ; cease not by continual supplica-
tion to confess them unto Him from whom they cannot be hid,
and to say, ' I know my iniquity, and my sin is against me,
alway:' to Thee only have I sinned,and done evil before Thee,
whose custom is both to cure without publishing our shame.
' Prosper, de Vitfi CoiUemplat. lib. ii. cap. 7. Deum facilius placabunt
qui non humaiio convicti judicio, &c, ^ Cassian. CoUat. \\. cap. 8.
Quod si verecundifi retratuMite, rcvelare ea coram hoiniiiibus eriibi scis, illi
quem latere non possunt, confiteri eajugi supplicalione non defines, &i-.
556 THK ANTIQUITIES OF THE [BOOK XVIII.
and to pardon sins without accusing- or upbraiding-." These
are plain testimonies evidently shewing, that the Ancients
did not believe the necessity of auricular confession, or
urge it as a thing absolutely necessary to absolution and
salvation.
Sect. 3. — This proved further from the Practice of the Ancients in denying
all Manner of Absolution to some relapsing Sinners, -without excluding
tliem from the Mercy and Pardon of God upon Confession to Him alone.
But besides this the practice of the Ancients, in one par-
ticular case, does most irrefragably shew, that they did not
believe the necessity of auricular confession. For they al-
lowed no second public penance to many relapsing sinners,
nor ever gave them any manner of sacerdotal absolution to
their lives end: which shall be evidently demonstrated in
the next chapter. Now the plain consequence of this is,
that no penitential confession, either public or private, was
taken from such, as made to man, in order to obtain sacerdo-
tal absolution : yet still they exhorted them to repent in pri-
vate, and make private confession of their sins to God, in
hopes of obtaining- raerc}' and pardon from him at theg-reat
day of retribution. It is confessed on all hands, that such
relapsers never had the privilege to make their public confes-
sion in the church, in order to obtain public absolution : and
it is as certain, they were not admitted to compound by any
private sacerdotal confession, to obtain private sacerdotal
absolution. For though Cardinal Perron had a strong- fancy
to solve the difficulty of this argument, by feigning a sort of
private confession for them, when they were denied the pub-
lic; yet Petavius himself refutes this pretence,* as a mere
dream without any foundation in ancient history, andgivesa
solid reason to the contrary. For as he argues, if private
confession had been allowed to such relapsers, their condi-
tion had been happier, and their penance easier^ than those
who fell but once: which is a thing, that will hardly enter
into any man's imagination, that considers things with any
' Prlav. Not. in Epipliaii. y.'iSS.
CHAP. III.] CHRISTIAN CHURCH. 557.
manner of judgment and reason. Supposing- then the truth
of this fact, that the Ancients allowed such rolapsers neither
the benefit of pubhc nor private absolution u[)on any confes-
sion whatsoever: it evidently follows, that they did not be-
lieve any absolute necessity of auricular confession, since
they encouraged such sinners nothwithstanding to hope for
mercy and pardon upon private repentance and confession
made to God only. For the proof of which, one passage of
St. Austin will be sufficient, where he speaks the g-eneral
practice of the Church, and the sense of all his brethren.
" The iniquity of men," says he " sometimes proceeds so
far, that after they have done public penance, after they have
been reconciled to the altar, they commit the same or great-
er sins ; and yet God makes his sun to rise even upon such,
and bestows upon them no less than before the greatest
gifts of life and salvation. And though there be no place
allowed to such in the Church,' to perform that humble sort
of penance again, yet God does not forget his patience to-
ward them. But if any of these should say to us, either
grant me the same place of repentance again, or else suffer
me to go on desperately, to live as I list, to do whatever my
riches will enable me to do, and no human laws will forbid
me, to live in whoredom and all manner of luxury, which
though damnable before the Lord, is even laudable in the
eyes of many men : or if ye recall me from this wickedness,
tell me whether it will profit me any thing- towards eternal
life, if in this life I contemn the blandishments of enticing
pleasure, if 1 bridle the excitements of lust, if for the chas-
tisement of my body I deny myself many things, that are
lawful and allowed, if I torment myself more vehemently in
repentance, than 1 did before, if I groan more miserably, and
weep more abundantly, if I live better, if 1 more liberally
sustain the poor, if 1 more ardently flame in charity, which
covers a multitude of sins: which of us is so fooUsh, as to
' Aug. Ep. liv. ad Macedon. p. 92. Quamvis eis in ecclesia locus humilli-
raae poenitentije non concedatur, Deus tamen super eos suae patientiee non
obliviscitur, &c.
558 THK ANTIQUITIES OF THli [bOOK XVIII.
say to this man, all this will profit thee nothing- hereafter,
go and enjoy the pleasures of this life ? God forbid we
should be guilty of so monstrous and sacrilegious madness.
Therefore though it be a cautious and salutary rule and pro-
vision in the ecclesiastical law, that this place of the hum-
blest penance shall not be granted above once in the Church,
lest by making" the medicine too vile and cheap, it should
become less useful to those that are sick, being- so much
the more beneficial, by how much it is less contemptible:
yet who dares to say to God, why dost Thou spare this man,
who after his first penance binds himself again in the bonds
of iniquity ? Who dares say, that God deals not with them
according- to that saying- of the Apostle, ' Knowest thou not
that the long-suffering' of God leadeth thee to repentance V
Or that they are excepted from that g-eneral declaration,
'Blessed are all they that put their trust in himi' Or that it
belongs not to them, when it is said, ' Be strong-, and esta-
blish your heart all ye that put your trust in the Lord V' Tf St.
Austin here rightly represents the practice of the Church, in
this one case, there wasnouse made either of public or pri-
vate confession to men, to obtain the remission of the o-reat-
est sins ; but men were directed to another method, to seek
pardon from God by the exercise of a private repentance.
Consequently there could be no absolute necessity of auri-
cular confession, which in this case had been most likely to
have been prescribed in want of the other, had any such
necessity been taught or laid upon it, as is now by the im-
perious and dictating- authority of the Church of Rome.
Sect. 4. — And from several other Considerations of the like Nature.
The learned Mr. Daille, has urg-ed many other considera-
tions of great weight, which I cannot here insist upon, but
only mention the heads of them,forthe sake of the unlearn-
ed readers, or such of the learned as have not that excellent
and elaborate work of .his by them. 1. He argues from the
CHAP. 111.] CHRISTIAN CHURCH. 559
piuctice of all other Churches in the world beside the Ro-
man:' the doctrine of the necessity of auricular confession,
is taught by no other denomination of Christians, not the
Ethiopian.^, nor the Indians of St. Thomas, nor the Babylo-
nians or Chaldeans, nor the Armenians, nor the Jacobites,
nor the Greeks in the manner of the Romans, 2. He shews,
that whereas the priests in the Roman Church are nicely
instructed in the business of auricular confession, and teach
and minister it daily to the people, as the noblest act of
their office; there is nothing- of all this to be found in the ge-
nuine writings of the ancient Christians. 3. Whereas auri-
cular confession is continually mentioned by the Roman
writers, among the religious acts of all sorts of men, clergy,
monks, laity, princes, private men, noblemen, plebeians, men,
women, &c. there is nothing of this among the ancient Chris-
tians. 4. In the ancient Church Christians were bound by
no law, as now they iue in the Roman, to confess their sins
to a priest before they came to the Lord's table, to receive
the eucharist. Which he demonstrates by eight reasons, and
the testimony of Chrysostom, Pelagius, Austin, Dorotheus,
the Council of Chalon and Hincmar. 6. In the Roman
Church, it is usual for every one to make his auricular con-
fession at the point of death ; of which there are no foot-steps
among the Ancients, 6, The Romish writers are very full of
auricular confession in describing any of the sicknesses, or ca-
lamities, or wars, or shipwrecks, or journeys, or other ha-
zardous undertakings of their people :but there was no such
practice among the Ancients. 7. The Ancients in describing-
the persecutions of the Church, or the conflicts and trials and
last agonies of their confessors and martyrs, never mention
auricular confession, which yet abounds every where in the
Romish writers, when they mak" any such relations of the
lives or deaths of their martyrs. 8. The Ancients had no
solemn times appointed for auricular confession, as Easter,
Christmas, Lent, the greater festivals, and the Friday and
Saturday fasts, which are now every where spoken of, in the
' Dail.de Confess. Auricular, lib. iv. cap. 1, &c.
560 THE ANTIQUITIES OF THE [BOOK XVIIl.
Romish writers, as solemn times of confession. 9. The An-
cients say nothing of miracles done in or by confession,
which the Romanists continually boast of. 10. The ancient
Pag-ans never objected auricular confession to the primitive
Christians, as the modern pagans do to those of the Roman
communion. 1 1. The ancient Church knew nothing of he-
retics opposirtg- auricular confession, because there was no
such thing enjoined ; but since it was appointed by the Coun-
cil of Lateran, Anno 1215, many have been condemned as
heretics for opposing it. 12. The primitive bishops often
declare, that they were ignorant of the sins of their people ;
particularly this is said by Chrysostom, Austin, Innocent,
and Leo, bishops of Rome : which is an argument, that they
were not revealed to them by sacramental confession. 13.
The first man, that instituted any private confession, was St,
Anthony, who appointed his monks to write down their
thouofhts, and communicate them one to another: but this
was nothing to sacerdotal confession ; for tliese monks were
only laymen. 14. The ancient writers have none of those in-
tricate questions and disputations about auricular confession,
which so much stuff the books of the modern casuists in the
Church of Rome. 15. The Fathers never interpret those
passages of Scripture, which the Romanists produce for
auricular confession, in their sense, but most of them to a
contrary meaning. 16. The Fathers in those Books, which
they wrote professedly of repentance, never urge auricular
confession as a necessary part of repentance. 17. The Fa-
thers acknowledged only three sorts of repentance; the ante-
baptismal, for all manner of sins; the quotidian or daily re-
pentance, for lesser sins of daily incursion ; and the public
penance of lapsers, falling i^o more heinous sins: but auri-
cular confession appertains to none of these. 18. Gregory
Nyssen says expressly there were some sins,^ such as cove-
tousness, which the Fathers before him endeavoured to
cure, not by any canonical punishments, but only by the
public exhortations of the word and doctrine : which will not
' Nyssen. Ep. ad Letoium.
OMAP. III. I CHRISTIAN CHURCH 661
consist with the iloctriiie of Jiuricuiar confession. 19. Nec-
taiius wholly iibro<>*ated tho office of the peiiitontiary priest.
Which arg'ties, ti)at lliere was no necessity of auricular con-
fession : but of this office v/e must speak a little more parti-
cularly hereafter, 20. His next argument is drawn from
those passiig'es of Chrysostom, Hilary, Basil, Ambrose,
Maxinms Taurinensis. and St. Austin, which have been al-
ready mentioned, asserting-, that remission of sins may be
obtained of God by contrition only, without any oral confes-
sion. 21. The F'athers allow salvation to be attainable even
by those relapsers, who fell ag-ain into sin after their first
public penance, though they had no liberty either to make
confession or receive absolution. Which argument has
been particularly explained already. His 22, 23, and 24
arguments are drawn from the testimonies of Cassian, and
Julianus Pomerius or Prosper, and Laurentius Novariensis,
which have been related before. 25. To these he adds two
considerable testimonies of Bede. 26. And the concessions
of Erasmus, Beatus Rhenanus, and Rig-altius, who freely
own, that the Romish auricular confession was not in use in
the primitive Church. 27. He shews, that there was a chang-e
made of the ancient discipline in the ninth ag-e,, when pri-
vate penance enjoined by the priest began to be pretty fre-
quent and common. 2S. And yet this differed vastly in
many particulars from the confession established afterwards
in the Council of Lateran. For still it was believed, that
confession made to God only was sufficient to salvation. 29.
In the followino- ao-es also, GofFridus Vindocinensis, Peter
Lombard, and Gratian,^ say there were many, who still held
that confession to God alone vA'as sufficient without confes-
sing to the priest. And Gratian particularly, having cited
the authorities on both sides of the question, leaves it to the
judgment of the reader to take which opinion he pleases :
because each opinion had w'ise and religious men to au-
' Goflfrid. lib. v. ep. IG. Lombard. Distinct, lib. iv. sect. 17. Gralian.de
Poenit. Dist. ii. cap.Sn. Cui hariim potius a(lha;rendum sit, loctoris judicio
leservatur. Utraque onim faiilores habet sapienles el ivligiosos viros.
VOL. VI. 2 o
5C2 THK ANTIQUITIKS OF THE [BOOK XVIII,
thorise and defend it. Which argues, that in Gratian's time
the question about the necessity of auricular confession was
not so determined as it was afterwards in the Council of La-
teran, and the Council of Trent. This is also acknowledged
by Aquinas, Bonaventure, and Antonine, who say, that in the
time of Gratian anci Lombard, the question about the neces-
sity of such confession, was only problematical, and what
mioht safely be disputed both ways, and that it was no he-
resy to deny it: but after the determination of the Church
made under Innocent III. in tlie Lateran Council, it was to
be reputed heresy for any man to assert, that it was sufficient
to confess a man's sins to God without making* confession to
a priest also, 30. Tims the doctrine of auricular confession
was established in the thirteenth century, and not before:
and even after that there wanted not witnesses, such as
Wiekliffe, and Huss, and Semeca, and Michael of Bononia,
and Petrus Oxomensis, to bear testimony againstits novelty,
to the time of the Reformation. This is the short account of
those thirty arguments, which the learned Mr. Daille uses to
shew the novelty of the Romish doctrine concerning auri-
cular confession, which, the curious reader, who desires to
see them more fully deduced and confirmed, may consult
in our author's elaborate work for his further satisfaction.
Sect. 5. — Yet private Confession allowed and encouraged in some Cases.
As, 1. For lesser Sins, Men were advised to confess mutually to one ano-
ther, to have thoir Prayers and Assistance.
But in all that is said by this or any other Protestant wri-
ter, there is no intent to deny, that private confession was
allowed and encouraged by the Ancients in some cases, and
upon some special occasions. For,
1. They advised all men, in case of lesser sins, to make
confession mutusdly to one another, that they might have
each others prayers and assis:ance. This is the advice of
St, James, v. 16. " Confess your faults one to another, and
pray one for another, that ye may be healed. The effectual
fervent prnyer of a righteous man availelh much." Which
though it be a placo commonly produced by the Romanists,
CHAP. IK.] CHRISTIAN CHURCH. 5tJ3
for their auricular confession to a priest, yet it was anciently
thoug-ht no more than a direction to Christians in general to
confess their sins mutually to one another. Thus, it is cer-
tain, St. Austin understood it: for writing- upon those words
of our Saviour in St. John, " If I your Lord and master
have washed your feet, ye ought also to wash one another's
feet;" he thus expounds tliein and the words of St. James
together:' " Can we say, that one brother may cleanse ano-
tlier from the contag-ion of sin ? Yes we are taut>-ht to do
it by the mystical meaning of this work of our Lord, that
we should confess our sins one to another, and pray one for
another, as Christ intercedes for us. Let us hear St. James
the Apostle, evidently commanding this very thing, and say-
ing, ' Confess your faults one to another, and pray one for
another,' because in this our Lord hath set us an example. For
if He, who neither has, nor ever had, nor ever will have any
sin, prays for our sins; how much rather ought we to pray
for the sins of one another? And if He forgive us, who has
nothing to be forgiven by us; how much more ought we to
forgive one another,v, ho cannot live here without sin 1 Let us
therefore forgive one another, and pray for each other's sins,
that so we may in some measure wash one another's feet."
In like manner Eradius, or St. Austin himself in another
place says,^ " We are admonished throughout the whole
Scripture toconfess our sins continually and humbly, not only
to God, but to holy men and those that fear God. For so the
Holy Ghost teaches us by James the Apostle, saying,' Con-
fess your faults one to another, and pray one for another,
that ye may be healed.'" Hincmar, a learned French bishop
of the ninth age, gives the same interpretation: "Our
light and daily sins,'' says he,^ "according to the exhorta-
tion of St, James, are daily to be confessed to those that are
our equals: and such sins we may believe^ will be cleansed
by their daily pr<iyers, and our own acts of piety, if with a
■ Aug. Tract. Iviii. in Joan. torn. ix. p. 161. * Au". Horn,
xii. F,x. 1. lorn. x. p. 161. ^ Hincmar. Epist. arl Hikleboldum,
toin. ii. n. 40. p. (iSS. Qiiotidiana autem, leviaque peccata, secundum Jacobi
Apostoli hortamentum, alterutrum coeequalibus confitenda sunt, &c.
O rt o
^ yj tt0
ij64 THE ANTIQUITIES OF THE [BOOK XVIII.
charitable mind we truly say in the Lord's prayer, * Forgive
us our trespasses, as wo fori»-ive thein that trespass ag'ainst
us.'" And Maldonat says,' this was the sense of all the An-
cients, alleging- not only St. Austin, but Hesychius, and
Gregory the Great, and Bede, and the author of the Inter-
lineary Gloss. To which others^ add Scotus, and Biel, and
Dionysius Carthuslanus, and Cajetan, and Gagnseus, and
Godelhis, a late bishop, in the French Church; however
Bollarrnin came to fix upon this passage of St. James, as a
plain proof of auricular confession to a priest, which in the
case mentioned, according to the opinon of so many Ancients
and Moderns, directs to no other confession, but what may
be made to any pious Cliristian.
Sect. 0. -2. In Case of Injuries clone to private Persons, Men were obliged
to confess, and ask Pardon of tlie injured Party.
2. In ease of private injuries done to any private person,
there was no question ever made, but that the ofiending
party might make a private confession of his fault to the of-
fended l)arty, and give him private satisfaction. For so
Christ liad appointed. Mat. v. 23. " If thou bring thy gift
to the altar, and there rememberest that thy brother hath
ought against thee ; leave there thy gift before the altar, and
go thy way, first be reconciled to thy brother, and then come
and offer thy gift." Upon which St. Austin says,^ " A man
may with an unfeigned heart endeavour to pacify and ap-
pease him,V)y asking him pardon, if he does this before God.
Nay, it is his only remedy in this case, to ask pardon ; wliich
whoever does not, he is puffed up with the spirit of vain-
glory."
' Maldonat. Controver. toui. ii. de Confessione, cap. ii. p. 3,').
• Vid. Daill. dp confess, lib. i. cap. 12. " Aug. dc Serinone
Dom. in Monte, lib. i. rap. 10. Poteris euni non sliniulato aninio lenire,
atque in gratiani revocare, veniani postulando, si hoc |)rius coram Deo fece-
ris Quod est unum remedium, supplici animo veniam deprecctur : quod
quisquis non feeerit inanis jarlantisespiritu inflatur.
OHAP. III.] CHRISTIAN OMimcil. 565
Sept. 7.-3. Wlien tlioy were under any Troubles of Conscicuce, lliey were
advised to make private Confession to a Minister, to luwe liis Counsel and
Direction.
3. Wlion men were under .iny perplexities of mind, or trou-
bles of c'onseience, from the pressure and load of sin ; tliut
was another case, in which they were always directed to
have recourse to some wise and prudent pastor, to take bis
counsel and advice, and bis assistance, imd his prayers, as a
sort of mediator and intercessor under Christ for them. The
Romish writers are apt to alleg-e many passages oti( of the
Ancients, which u])on examination and strict enquiry amount
to no more thaii this. Thus Clemens Romanus, or the au-
thor under his name, bids every one, into whose heart either
envy or inlidolity, or any such crime, has shly crept, not be
asliamed, if he has any care of his soul, to confess bis sin to
the bishop or minister presiding- over him,* that by the word
of God and his saving- counsel he maybe healed. And so
Maldonat owns,^ this has no relation to sacramental confes-
sion. The same advice is given by Origen, Gregory Nys-
sen,^ and St. Basil,* upon the like occasion, to confess their
sins to the priest, who by his compassion and skilfulness
was able to help their infirmities, and at once take care both
of their credit and cure.
Sect. S. — i. To take his Advice also, whether it was proper to do public
Penance for private Oft'ences.
4. Origen gives another reason for confessing- private
sins to the priest, because he was best able to judge, whe-
ther it were proper for such sins to admit men to do public
penance in the church, vvliich in those days was no unusual
practice. " Consider," says he,^ " what the holy Scripture
' Clem. Ep. i. ad Jacob. Non erubescat qui animas suae curam gerit, htec
confiteri ei qui praeest, ut ab ipso per verbum Dei et consilium s:ilul)re cu-
i-etur. * Maldonat. de Confess, cap. ii. p. 4-C torn. ii.
"• Nyssen, de Poenitent. torn. iii. p. 170. ♦ Basil. Rc-
gul. Brcv. Resp. •I'ii). ^ Ori^. lloni. ii. in Psal. 37. torn. i.
p. 47 1.
566 THE ANTIQUITIES OF THE [bOOK XVIII.
teaches us, that we ought not to conceal our sin within our
own breast. For perhaps as they, who are inwardly oppress-
ed with the humour or phlegrn of indigested meat, which lies
heavy upon the stomach, if they vomit it up, are relieved ; so
they, who have sinned, if they hide and conceal their sin
within themselves, are inwardly oppressed, and almost suf-
focated with the phlegm and liuinuur of sin : but if any one
become his own accuser, and confess his sin, in so doina: he
as it were vomits up his sin, and digests and removes the
cause of his distemper. Only be circumspect in the chnice
of him, to whom it will be fit to confess thy sin. Try first
the physician, to whom thou art to reveal the cause of thy
distemper, and see tliat he be one, who knows how to be
weak with him that is vveak,and to weop u ith him that weeps;
one who understands the discipline of condoling and
compassionating ; that so at length, if he shall say any thing-,
who hath first shewn himself to be both a skilful and a
merciful physician, and give ?.hee any counsel, thou mayest
observe and follow it. If he discerns and foresees thy dis-
temper to be such, as \\i\\ need to be declared and cured in
the full assembly of the Church, whereby others perhaps
may be edified, and thou thyself healed, this is to be done
with great deliberation, and the prudent advice of such a
physician." It is very plain, that in this case this sort of
private confession was made in order to take the minister's
advice concerning doing public penance for any private sin;
and that men had recourse to him in private, as to one, who
was best able to judge, whether their sin were of such a
nature, as would require a public humiliation and repent-
ance. For this, as I said before, was no unusual thing in
those days, for men sometimes to desire to do public penance
for private offences ; yea, even for the very intention and
design of some grosser sins, though they never proceeded
so far as the outward action. Cyprian speaks of some such
off"enders, who reckoned themselves guilty of idolatry,' not
' Cypr.dp Lnpsis, p. 134. Quamvisnnllo sacrificii aut libelli facinorecon-
»trirti, qnoniam tmncn dr hoc vel cosjitavenint, hoc ipsvim apud sacerdotei
CHAP. III.] CHRISTIAN CHURCH. 567
because tliey liacl oitlier actually sacritiecd to idols, or pro-
cured any libol to signify their so doing-, but ordy because
thev bad desiirned in their hearts to doit: who therefore
confessed their wicked intention tothe priests, in order todo
public penance for it (though it was but a small sin in com-
parison) as knowing- that it was written, " God is not mock-
ed." Those private sins after secret confession were some-
times publicly declared and read out of a libel in the con-
greg-ation : but all bishops did not approve of this prac-
tice :* and therefore when Pope Leo understood, that several
bishops in the provinces of Campania, Samnium, and Pice-
num took this method, he wrote a sharp letter to them,
complaining- of it as an unlawful usurpation and irregular
practice, to put those who made secret confession to the
priests, upon a public rehearsal of their crimes afterwards
in the face of the congregation: which custom ought by all
means to be abrogated and laid aside. For though it may
seem a very laudable plenitude of faith, that for the fear of
God makes men not afraid to take shame before men ; yet
because all men's sins, which come under penance, are not
such as they are not afraid to have made public, this unrea-
sonable custom ought to be altered, lest many should be
driven from the remedy of repentance, whilst either theyare
ashamed or afraid to have their actions laid open before
their enemies, who perhaps mig-ht take occasion from thence
to bring- them into danger of the civil laws, and the penal-
ties imposed by them upon such offences. Which last
words of Leo suggest a further reason, why the Ancients in
some cases allowed of private confession, even when pe-
nance itself in its exercise was to be public. For we may
observe,
Dei dolenter et siitipliciler confitentes, exomologesin conscientise faciunt,
animi sui poiidus exponunt, salutarem medelain parvis licet et modicis vuine-
ribus oxquirunl ; scieiites scriptum esse, Deus non deridftur.
' Ll^o. E|). Ixxx. al. 78. ad Episi-. Campan. Ulam etiam contra apostoli-
cam regulam priESumptionein, quain nuperagiiovi a quibusdarn illicita usur-
patione conimitti, modis omnibus conslituo submoveri, ne de singuloium pec-
catorum geiicrelibellis scrii)ta professio publice lecitetur, cum reatus consci-
entiarum sufficial soils sacii-dolihus indicari cont'essionc secreta, &c. Vid.
Basil, can.lxi. et Isiii. Paiilin. Vit. Arabios. p. 10. Amhros. de Poenit, lib.
'. c. 16. (icnnad. do Dog^m. Ecclos. cap. liii.
568 THE ANTIQUITIES OF THE [BOOK XVHI.
Sect. 9.-5. When there was any Danger of Death arising from the Laws
of the State against certain Offences.
5. That when there was any apparent dang-er to men's
lives or otherwise, arising- from the penalties of the civil
laws, inflicting capital punishments on certain offences; in
that case the Church was content to take a private confes-
sion of sinners, and excuse them from a dangerous publi-
cation. It is of this case St. Austin speaks, when he says',
" we ought to correct secret sins in secret, lest if we pub-
hcly reprove them, we betray the man. We would reprove
and correct him: but what if an enemy lies upon the catch,
to hear something for which he may punish him ? A bishop,
(put the case.) perhaps knows a man to be a murderer, and
besides himself no one else knows it: I would publicly re-
buke the man, but then you would seek to take the law
upon him. In this ease I neither betray the man nor neglect
him : I reprove him in secret ; I set before his eyes the
judgment of God; I terrify his bloody conscience, and per-
suade him to repentance. It happened also that sometimes
persons confessed such secret sins, as though they would
not endanger their lives by a regular course of law, yet
might provoke an injured party, if he knew them, in a sud-
den fit of zeal and passion to destroy them. In this case it
was thought more proper to let the confession and penance
be both in private, lest any such inconvenience might follow
upon the publication. St. Basil instances in the case of a
woman,- that confesses herself guilty of adultery: the law
allowed not the husband to kill her, except he took her in
the very act: but it might happen, that in his zeal and fury
he might be tempted even against law to kill her, if by any
means he came to understand, that she had been guilty of
such a transgression : therefore to avoid the occasion of
' Aug. Ser. xvi. de Verb. Doin. cap. viii. In socreto dcbemus arguere, in
secrefo corripiMc: ne volentcs pnblice argiu'rc, pr<iHainns hoininoiiK Nos
volumus corri, f-re el corripcrp: q'liil si inimiciis i|ii;iTit .luiiirc quod pu-
joint? &c. ' Ba?!il.<an. \\\i\.
OMAl'. 111.] CIIKISTIAN CHURCH. 609
any such femptation,it was ordered, that no minister should
" 8»;,uo(7/£uttv, publish the crime of women under penance of
athiltery uj)on their own confession, lest it should occasion
their death;'' that is, expose them to the fury of their hus-
bands, who rnio-ht be inclined, in ti)e height of passion, to ex-
ceed all bounds, and do what by law they could not answer
Sect. 10. — 6. Private Confession irquired in Case of private Admonition
for Offences.
G. I remember but one case more, in which any thing"
like private confession was required; and that was, when
any man was rebuked for a crime by his spiritual g-uide, of
which lie was either notoriously g-uilty, or violently suspect-
ed : in that ease it was his duty to give glory to God, and
take shame to himself, by an ingenuous confession and ac-
knowledgment of liis fault, to answer tlie true end of pri-
vate admonition. It is of this sort of confession St. Am-
brose speaks in the person of David,* when ho says, that
being rebuked by a private man for his great offence, he did
not fret and fume u ith indignation, but ingenuously confess
his fault, and mourn with sorrow for it.
Sect. 11. — The Office of the penitentiary Priest set up in many Churches
to receive and regulate such private Confessions.
All these sorts of private confession were anciently al-
lowed of, as consistent with the standing and ordinary disci-
pline of public confession and penance in the Church. And
the better to regulate them, and direct men what to do in
such cases, there was a particular officer appointed in many
Churches under the name of the penitentiary priest: whose
office was not to receive private confessions in prejudice to
the public discipline; much less to grant absolution pri-
vately upon bare confession before any penance was per-
formed; which was a practice altogether unknown to the
ancient Church, as we shall see more hereafter: But it was
' Ambros. dc Apolog. David, cap. ii. Cum a privato homine corriperetur,
quod graviter deliquissot, non indigrnatus infrcniuil, sed confessus ingemuit
fiilp?e dolorc.
;')?0 THE ANTIQUITIES OF THE [booK XVIll.
to facilitate and promote the exercise of public discipline,
by acquainting- men what sins the laws of the Church re-
quired to be expiated by public penance, and how they were
to behave themselves in the performance of it; and only to
appoint private penance for such private crimes as were not
proper lo be brought upon the public sta<^e, either for fear
of doing- harm to the penitent himself, or giving scandal to
the Church.
Sect. 1'2. — This Office afterwartls abrogaleH, and Men ^vcre entirely left
to their Liburtj', as to what concerned private Confession.
The vviiole history of the first original and institution of this
otfice in the time of the Decian persecution, and the abroga-
tion of it by Nectarlus, Bishop of Constantinople, in the time
of Theodoslus,is entirely owing- to the relation of Socrates and
Sozomen, two historians, who lived in the same age that the
office was abolished; and therefore it will be proper to re-
late it in their words first, and then make a few remarks
upon it. Socrates,' speaking of the reign of Theodosius,
says, " About this time it was thought proper to remove the
penitenhary prcabijters — ~sq l-\ ttiq fitTavoiac: TrptcrlivTipsg,
out of the churches on this occasion, f'rom the time tiiat
the Novations made their separation from the Church, re-
fusing to communicate witli those that lapsed in the Decian
persecution, the bishops added lo the ecclesiastical roll —
(twv ficicXr/atwi^ Kuvovi) — a penitential presbyter; that they,
who fell into any sins after baptism, might make confes-
sion of them before the presbyter thereto appointed. And
this order continues still among- other sects ; only they
who receive the consubstantial doctrine, and the Novatians
who agree with them in the same faith, are equally now
agreed to reject the penitential presbyler. The Novatians,
indeed, never admitted this additional office from the be-
ginnina'; and the present governors of the Churches,
though they allowed it for a longtime, yet now under Nec-
tarius laid it aside, upon a certain accident that happened
' SocrHl. lib. V. rap. 19.
CHAP. III. J CHRISTIAN CHURCH. 671
in tiie Chuieli. For a certain g'ontlewoman coming" to the
penitentiary presbyter, made particular confession of her
sins that she had committed alter haptism. And the pres-
byter enjoined her to fast and pray confinunlly/that together
with her confession she rnijiht shew fortli works worthy of
repentance. But the woman proceeding* in tlic course of
her penance, accused herself of another sin: for she con-
fessed, that one of the deacons of the Church had deli led
her. Which occasioned the deocon to be cast out of the
Church ; and there was no small stir among- the people,
who were incensed not barely for the fact, but because it
brought great scandal and reproach upon the Church. And
the clorg-y being- chiefly reviled upon this occasion, one Eu-
da^mon, a presbyter of the Church, born at Alexanrjria, gave
counsel to Nectarius to take away the penitentiary presby-
ter, and leave it to every man's liberty to partake of the
holy mysteries according- to the direction of his own con-
science: for this was the only way to free the Church from
reproach.'' This, he says, he the more confidently inserted
into his history, because he had it from the mouth of Euciae-
mon himself; though he told Euda^mon, he doubted whe-
ther his counsel was for the advantage of the Church, since
it would occasion the neglect of mutual reproof, and the
transgression of that rule of the Apostle, " Have no fel-
lowship with the unfruitful Avorks of darkness, but rather re-
prove them. Sozomen,' in relating- the same story, observes,
that the chief offices of this penitentiary presbyter were,
partly to direct such as had need of public penance, how to go
about it, and perform it, and partly to impose private exer-
cises of repentance upon those that needed not to undergo
the public: and therefore that he was to be both a prudent
man, to direct the one ; and 'ExfV^^ov, a man that could
ke^p secrets without disclosing them, for the sake of the
other. He observes further, that when Nectarius had abo-
lished tliis officeat Constantinople, his example wasfollowed
by almost all the bishops of the East; but that it continued
' Sozomcn. lib. vii.cap. 16,
.')72 THfa: ANTIQUITIES OF THE [bOOK XVIII.
in use in the Western Churches, and ehierty at Rome, to
prepare men for the public penance of the Church, which
he there takes occasion to describe in the whole course and
process of it.
Now from hence it is obvious to o))SGrve, 1. That this
office was not set up to encourage auricular confession in
prejudice to the public discipline, but chiefly to promote the
exercise of public penance in the Church. 2. That it was
not of divine, but only ecclesiastical institution. And there-
fore, 3. As it was instituted by the wisdom of the Church
for cood ends; so when those ends could not be served,
and perhaps better might, it was at tlie Church's liberty, by
the same wisdom, to aboUsh it, and put it down ag-ain, as
Nectariusdid in the East. 4. That the abolishing- of it did not
necessarily imply the abolishing- of public discipline; which
still continued in force in the Eastern Church, notwithstand-
ing the abrogation of this oflSce; though, perhaps, some-
thing-weakened in respect to private offenders; partly be-
cause they were not so much inclined to confess; and partly
because the business of discipline now devolving- wholly
upon the bishops, as it was before, they had not leisure to
attend to it. o. It is very plain from hence, that there was
no necessity laid upon men to confess all their secret mortal
sinsbefore they came to the communion ; but it was enough,
as Valesius ingenuously confes.^cs,' for men to search their
own consciences, whereby they thought they satisfied ihat
precept of the Apostle, " Let a man examine himself, and so
let him eat of that bread, and drink of that cup."' And so
we have taken a full view of confession, both public and
private, so far as it was in use and practice in the ancient
Church, beyond which ii is none of my province to extend
the inquirv, and search after the deviations and corruptions
of modern aoes, which the reader may find in any of our
polemical writers against the Church of Rome, or discern
them by the account that has here been given, reducing
every thing to the primitive standard.
' Vales, in Sozom. lib. vi. ciip. 28.
CHAP. IV. j CHRISTIAN CHUKCH. 673
CHAP. IV.
Of the great Rigour, Strictness, and Severity of the
Discipline and Penance of the Ancient Church.
Sect. 1.— Public Penance ordinarily allowed but once to any Sort of
Sinners.
There remains now but one thing* more to be considered
in the exercise of the ancient public penance, and that is
the great strictness, rigour, and severity of it, expressed
against all sins that fell under public discipline, and more
especially those that were of a more heinous and malignant
nature. One instance of the severity of their penitential
rules was, that they ordinarily admitted men but once to the
privileg-e of public penance, and allo%ved no second
penance to be performed in the Church by any sort of relap-
sers. 1 have already hinted this in the last chapter, and
shall here g'ive more evident proof of it, so far as concerns
the general practice of the Church in the four first ages;
shewing withal what exceptions it admitted of, by the power
that was lodged in every bishop's hands to moderate the
exercise of discipline, as occasion might require, according
to his own judgment and discretion. We do not indeed find
any general rule or Canon for this peremptory' denial of a
second penance to relapsers; but if we consider the practice
of the Church, we shall find it almost univeral. Hermes
Pastor, who wrote in the beginning of the second century,
plainly asserts this,' that the servants of God allowed but of
once doing penance. And therefore he advises the hus-
band, who has an adulterous wife, to receive her once upon
her repentance, but not oftener. Clemens Alexandrinus^
' Hermes Past. lib. ii. Mandat. iv. n. 1. Debet recipere peccatricem, quae
poenilentiani egit, sed non saepe. Servis enim Dei poenitentia una est.
' Clem. AlfX. Strom, ii. cap. xiii. p. ib9. Edit. Oxon.
574 THE ANTIQUITIES OF THE [BOOK XVIII.
treads in the same steps, allowing- but one repentance after
baptism, and citing- the authority of Hermes Pastor for it.
Teitullian, whilst he was a Catholic, allowed with the catho-
lics one penance after baptism, which he calls the second,
makinn- the repentance of baptism to be the first, and this
the last. " God," says he,* " has placed in the porch, or
entrance to the Church, a second repentance, which opens
to those that knock: but now only once, because now a
second time; never more, because the last was vain and
to no purpose." Then describing the whole course of this
public penance, he says again,^ " it is a second penance,
and but one; which requires so much the more laborious
exercise and trial, because it is a thing allowed us in ( ur
o-reatest exigency and distress." In like manner Origen,'
speaking of tlie difference between greater and lesser sins,
says, " the former had no place of repentance allowed them
but only once, or very seldom ; whereas those common sins
we fall into almost every day, always admit of repentance,
and are redeemed immediately without Intermission." There
are several Canons in the Council of Eliberis to the same
purpose, that relapsers should not be admitted to commu-
nion bv the benefit of a second repentance. One Canon*
says, " that if any men commit adultery after they have done
penance for idolatry, they shall no more be admitted to
communion, that they may not seem to make a jest of the
Lord's communion." Another orders,^ " that if any of the
faithful, uho is under penance for adultery, commit fornica-
' Tertul. de Poenit. cap. vii. Collocavit investibnlo pa?nitentiain secun-
dam, qiiK pulsantibuspatel'aciat : sed jam semel, quia jam secuiido ; sed
amplius nuiKiuam, quam proximefrustra. "^ Ibi;l. cap. ix. Iliijus
igitur iceniti'iitiiB secundae et unius, qiianto in aito negotium est, tanto
operosior prohatio est. ^ Orig. Mom. xv. in Levit. torn, i, p. 174.
In giavioribus ciiniinibus semel tantum, vel laro poenitentia conceditur lo-
cus: isla vero roiumunia, qua; frequenter incurrimus, semper pcenitentinm
recipiunt, et sine iiilermissione ledinnintur. * Con. Eliber. can. iii.
Si poit pcenitentiam fuerint moechali, placuit uUerius non eis dandam esse
coinnuinionem, ne hisisse de doniinicri coininun-one \ideaiitur.
* Ibid. can. vii. Si quis forte fiJelis j)o>t lapsuMi iiioechiiE, post tempora
consiituta, accepts penilentiS, denuo fueiit fornicatus, placuit nee in line
habnrn sum communioiiem.
CHAP. IV.] CHRISTIAN CHURCH. 575
tion in tlie time of his peiuinco, lie shall not have the com-
munion even at liis last hour." And a third Canon orders,'
" that if a man, who has been under penance for adnhery,
and is admitted to communion in sickness, or danger of im-
minent death, shall after his recovery commit adultery again,
he shall no more make a jest of the communion of peace:
that is, not have the privilege of a second penance, to obtain
a second reconciliation or absolution."
Neither was this only the discipline of the three first ages,
but it continued to be the practice for an age or two after:
for St. Ambrose and St. Austin speak of it as still in use in
their time. '• They who think of doing penance often," says
St. x\mbrose,^ " are deservedly reproved, because they grow
wanton against Christ : for if they did penance truly, they
would not think it was to be repe;tfcd; because as there is
but one baptism, so there is but one penance, that is per-
formed in public. There is indeed a daily repentance for
sin, but that is for lesser sins, and the other for greater," In
like manner St. Austin says,^ ■•' it was wisely and usefully
ordered, that there should bo no room for that public and
humblest sort of penance in the Church ; lest it should make
the remedy of sin contemptible, and so less useful to the sin-
ner." This was the practice of the Roman Church also in
the time of Siricius ; and Innocent and Leo, who commonly
follow his prescriptions. The Decree of Siricius about this
matter runs in these terms: " forasmuch as that thtjy, who
after penance return like dogs to their vomit, or swine to
their \\allovving in the mire, cannot have the benefit of a
second penance,* we decree, that they shall communicate
' Con. Eliber. can. xlvii. Si resuscitatus rursus fuerit moechatus, placuit
eum ulteriiis non liulere de coniinunione pacis. * Anibros. de
Poenitent. lib. ii. cap 10. Merito reprelienduntiif, qui saepius agendam
poenitentiani putant. quia luxuiiantur in Chiisto. Nam si vere agerent poeni-
tentiam, iterandam esse non putarent: quia sicut uiunn baptisma ila una
poenitentia, quae tameti publice agitur. Nam quolidiani nos debet pcenitere
peccati ; sed haec delictorum levloiiim, ilia graviorum.
■ Aug. Ep. liv. ad Macedon. Caute salubriterque provisum, ut locus illius
humillimae poenitentia; semel in ecclesid concedatur, uemediciua vilis minus
utilis asset ajgrotis, &c. ♦ Siric. Ep, i. ad Himerium, cap. v.
De his, qui, acta prenitentifi, tanquam rnnes ftc sues, ad vomitus pristlnog ei
67G THE ANIIQUITIES OF THE [BOOK XVIII.
with the faithful in prayer only, and be present at the cele-
bration of the eucharist, but not partake of the Lord's feast
at his table ; that by this punishment they may learn to
chastise their errors privately in themselves, and also set
others an example how to abstain from tlie lusts of unciean-
ness. Yet for as mucli as they fall by the frailty of the flesh,
we would have them to be allowed their Viaticum at the last,
and be assisted with the g-race of communion, when thev are
going to the Lord,'" Jt appears also from the Canons of
several Councils in the same age, that such relapsers were
either wholly cast out of the Church, or at least ke[)t back
from the communion all their davs, without being admitted
to the benefit of any formal penance to restore them : as may
be seen in tlie second Council of Arles% the Council of
Vannes,- the first of Tours,^ and the first of Orleans,* but
more especially the third of Toledo, where notice is taken of
the contrary custom beginning to creep into some of the
Spanish Churches, and a strict order is made to correct it by
reviving the ancient discipline of the Church. " \^ e hear,"
say they,^ " that in some of the Spanish Churches penance
is not done according to canon, but after a very base fashion,
that as often as men are pleased to sin, so often they re-
(juire of the presbyters to be reconciled or absolved: to
ad volutabra redeunt — quia jam sufl'ugium non habent poenitendi, id duxi-
mus decernendum, ut solfi intra ecclesiam fidelibus oratione juiigantur; sacris
mystfiioruin ci'lebritatibus, quanivis non niereantur. intcrsiiit; a doniinicie
autein niensic couvivio segregtMitur, ut hie salteni districtione corrc])ti, et
ipsi in se sua errata castigent, et aliis exemplum tribuant, quatcnus ab ob-
scoenis cupiditatibus retrahantur. Quibus tamen ((juia cariiali fragilitate
ceciderunt) viatico niuncre, cum ad Dominum cceperint proficisci, per com-
niuiiioiiis gratiam voluuius subveniri.
' Con. Arelat. ii. can. 21. ^ Con. Venctic. can, iii.
* Con. Turon. i. can. 8. * Con. Aurelian. i. can. 13. Ilerdense,
can. V. * Con. Tolet. iii. can. 11. Quoniam comperinuis per
quasdam llispaniarum ccclesias, non secundum canonem, sed fa'dissime pro
suispeccatislioinines agcre pcoiiitentiam, ut quoties pcccare libuerit, toties a
presbytcris se reconciliari exijostulant : et ideo pro coercendfi tarn execrabili
praisumiitione id a. sancto cuncilio jubetur, ut secundum forniara canonuni
antiquorum detur poenitentia. Hi vcro qui ad propria vitia, vel infra
prenitentia; tcmpus, vel post reconciliationem relabuntur, secundum prioruin
canonum severitatem damnentur.
CHAl'. IV.] CHRISTIAN CHimCH. 577
restrain wliic-h exoomhic presumption, the holy Synod ap-
points, that penance .shall he granted only according- to the
form of the ancient Canons: and if any, either during" the
time of their penance, or after their reconciliation, relapse
into their old vices, they shall be condemned according to
the severitv of former canons." That is, they siiallnot have
liberty of repeating public penance foties quoties in the
church. They did not deny men private penance, either
for lesser sins of daily incursion, or for relapses into g-reater
sins ; but exhorted men to repent in both cases, in liopes of
obtaining mercy and pardon from God by a sincere contri-
tion and the diligent exercise of a private repentance. No
confession was taken by the priest in either of these cases :
for the first did not need it, and the second uas not allowed
it ; only at their last liour relapsers were admitted to the
communion and peace of the Church, if they had exercised
themselves diligently in all the proper acts of private repent-
ance.
Sect. 2. — Some Sinners held under a strict Penance all their Lives to the
very Hour of Death.
2. And this leads us to consider another instance of the
great strictness and severity of the ancient discipline, which
was, that for some certain sins men were kept under the
exercise of public penance all their lives, and only absolved
and reconciled at the point of death. The ordinary course
of penance often held men for ten, fifteen, or twenty years
in going' through the several stages of repentance : but for
some more heinous and enormous crimes no certain term of
years was limited, but their lives ; and perfect reconciliation
and absolution was only granted them at their last hour, when
imminent danger of death was upon them. Thus the Coun-
cil of Eliberis orders,* that if any one took upon him the
office of a Flamen, or gentile priest, though he did not
offer sacrifice, but only exhibit the usual games or shews to
the people, he should do a severe and canonical penance all
• Con. Eliber. can. iii. Item flamines qui non immclaverint, sed munus
tantum dederint, eo quod se a funestis abstinuerunt sacriliciis, placuii eisin
fine prsaetari communionem, acta tamen legitima pcenitiMUia.
VOL. VI. 2 P
576 THE ANTIQUITIES OF THK [BOOK XVIII.
his life, and only be admitted to communion at the point of
death. Tlie like order is g-iven about consecrated virgins,*
that if any of them committed fornication, thev should do
penance all the time of their lives, and only have the com-
munion at the hour of death. The Council of Neocaesarea
appoints the same for a woman who marries two brothers,*
that she shall bo cast out of communion unto death ; but
at her last hour, to shew clemency toward her, if she
promise upon her recovery to dissolve the marriage, she
shall have the benefit of repentance. The first Coun-
cil of Aries inflicts the same ])unishment upon those that
falsely accuse their brethren,^ that they shall not com-
municate to the hour of death. The Council of Ancyra
decrees the like for such married men as are guilty of
bestiality after they are fifty years old,* that they sliali not
be received into communion till the end of their lives. The
Council of Valence in France laid the same penalty upon
some that fell into idolatry,^ that they should do penance
to the hour of death, yet not without hopes of remission,
which they were to expect more fully from God, who was
the donor of it. The Council of Lerida allows the inferior
clergy to do penance for a first odcuce,*^ and regain their
office upon it: but if they return, like dogs, to their vomit,
and as swine to their wallowing- in the mire, they are not
only to be deprived of their oiHce, but of the communion to
their last hour. And so Felix the third,^ bishop of Rome,
determined in the case of those African bishops, presbyters
' Con. EHber. can. xiii. Si omni tempore vitae suae hujusmodi fojminas
egerint pcenitontiam, placuit eas in fine accipere debeie conimunionem.
' Con. I^Jeocaisar. can. ii. rt'i'i) wh' yjy/«7;rai (V;o actk^oig, t^ioBtiaOu) /*£XP'
^avarn, &c. ^ Con. Arclat. i. can. 1-t. De his qui falso accusant
fratres SUDS, placuit eos usque ad exitum non communicare.
* Con. Ancyr. can. xvi. Etti ti) tS,b^tiJ tcv jHh TvyxareTwaav t))i; Kounoviag.
* Con. Valentin, an. 374. can. iii. Usque in tiiem mortis acluri pu;nitenliam,
non sine spetainenremissionis, &c. * Con. Ilerdense, can. v.
Si ittTuto, velut canes ad voniitum, reversi fuerint, &c. iion solum disrnifate
officii careant, sed ctiani sanctam conimunionem, nisi in exitu, non percipiant.
' Felic. iii. in Con. Rom. cap. ii. Usque ad exitus sui diem in pcenitentia
jacere conveniet ; nee orationi non modo iKlelinin, sed nee caleclunneno-
rumnmnimodis inteiesse, quibus connnunio laica lantum iu morle reddenda
est.
CHAP. IV.] CHRISTIAN CHURCH. OTO
and deacons, who snfl'ored themsolvos to be rebaptized by
the Allans in the Vandnlic persocution : that they continue
under penance to the day of their death ; and neither be
present at the prayers of the faithful, nor the catechumens,
and only be admitted to lay-communion at the point of
death.
Sect. 3. — Such as were absolved upon a Death-bed, were obliged to perform
their ordinarj' Penance, if they recovered.
3. Another instance of the strictness and severity of the
ancient discipline is visible in tlie treatment of sucli peni-
tents as were reconciled upon a dealh-bcd. Thoug-h they
were admitted to the peace and communion of the Church,
when they were in extreme necessity, and imminent dang-er
of death, that they might have their Viaticum when they
were about to leave the world: yet if they chanced to re-
cover, they were obliged to perform the whole penance,
more or less, whatever it was, which they !<hould have done,
had not such an exig-eney procured them an absolution.
And this is the only case, in which the ancient Church ever
allowed any absolution to be g-ranted before the penance
was dul}^ and regularly performed. Which being an ex-
traordinary case, it is nothing to those, who think to justify
the same practice now in ordinary' cases: but of this more
hereafter. As to the present observation, that penitents
absolved upon a death-bed were, upon their recovery, re-
duced to the same state of penance, which they were to have
beer) rmder, had not the necessity of sickness required their
absolution, is evident from the plain testimon}' of several
councils. The Council of Nice orders such upon their re-
covery to be placed among those that communicated in
prayers only.* That is, in the fourth rank of penitents,
called costanders, where they might stay to hear the prayers
of the faithful, but not partake of the oblation. The fourth
Council of Carthage has two Canons relating to them.
The first says,^ if such a penitent recover, he shall be sub-
jected to the ordinary laws of penance, as long as the priest,
who admitted him to penance, shall judge convenient. The
' Con. Nic. can. xiii. * Con. Carth. iv. can. 76.
Si supervixcrit, subdatur statutis pccnitentiaB leglbus. quaradiu sacerdos,
qui poenitentiam dedit, probaverit.
2 p 2
5S0 THE ANTIQUITIES OF THE [bOOK XVIII,
Other,' that penitents, who in time of sickness receive the
Viaticum of the eucharist, shall not think themselves ab-
solved, unless they undergo imposition of hands, if they
chance to recover. That is, the imposition of hands, which
was given to penitents of the third order, called prostrators,
who wereoblig-ed to present themselves every day at church,
and kneel down before the bishop to receive the solemn im-
position of hands with the usual penitential prayers and be-
nediction. The first Council of Orange more particularly ex-
plains the whole matterin thisform:^ '• they who are about to
leave the body, when they are doing penance, may commu-
nicate without the reconciiiatory imposition of hands, which
sort of communion is sufficient fur the consolation of a
dying person, according to the decrees of the Fathers, who
call this kind of communion their Viaticum. But if they
survive, they shall stand in the order of penitents, that
they may firsf shew forth the necessary fruits of
repentance, and then be received to communion in
the ordinary and regular way, by the reconciiiatory
imposition of hands.'' The council of Epone speaks
much after the same manner :^ " that no one should be re-
pelled from or by the Church without remedy, or hopes of
pardon, nor the door of returning to pardon be shut against
one that repents and corrects his errors: and if any one be
in imminent danger of death, the time prescribed forhis con-
demnation or penance shall be relaxed. But if it happens,
that the sick man recovers after he has received his ] iati-
CMW,he must observe and fulfil the time of penance that was
' ibid. can. lxx\ iii. Poenitentes, qui in infinnitate viaticum eucharistia; ac-
cej eririt, non se credant absolutes, sine inaniis in j)osilione, si supervixerint.
* Con. Arausican. i. can 3. Qui recedunt de corpore, pcer.itentifi accepts,
placuit, sinereconciliatoria uianQs irnpositione eoscommunicaie, quod niori-
entis sufficit coiisolationi ^ecu: ddni dffinitionos |)afruni. ([tii hujusmodi
coniniunioni-ni coii^^iucnler viaticum nominaverunt. Quod si suixTvixeiint,
stent in ordine pccniieatiuni, ut ostensis necessarils pocnitentiae iVuctibus,
legitinuini comwiuuioiifin cum reconcilialoria matiCls iinpositione recipiant.
* Con. lOpuuntm.i. can. 3(). Ne ullus sine remt-dio aut spe veaia; ab ecclesiTi
repellatur; neve ulli, si aut poenituerit, aut secorrexeiit, ad veniamredeiindi
aditus oi-.sUuaur: et si cuiquam foi sitan discrinun mortis immineat, dam-
nationis conslitutte tempoiarelaxentur. Quod si aegrotum, accepto viatico,
revalescere fortasse contingit, statuti temporls spatia observare conveniet.
CHAP. IV.] CUKISTIAN CHUKCH. 581
appointed liim.*' Greg-ory Nyssen's Canon is much to the
same purpose:' if any one be in imminent danger of death,
who has not g-one through tlio whole tim(i ;!p[)ointed for his
penance ; the clemency of the Fathers in tliat case has de-
creed, that he shall not take his long- journey (out of the
world) without his Viaticum or provision for it, nor without
partaking of ihe holy mysteries. But if after participation
he recover from his sickness, he must then continue the
time appointed in (hat order or station of [)enitents, in which
he was when this necessity and danger came upon him."
To all these may be added the decree of the Roman Coun-
cil under Felix III. Anno 487, which renews the determina-
tion of the Nicene Fathers,^ " that if any of those, who had
been admitted to communion before the fixed time of their
penance was completed, because their life was despaired of
by the physicians, and evident signs of death were upon
them, should happen afterwards to recover, they should
at least continue in the fourth rank of penitents, among-
those that communicated only in prayers without the obla-
tion, till the full term of their penance was ended."
Sect. 4.— Some Sinners denied Communion at their last Hour.
But some sinners were yet more severely handled : for
they were denied communion to the very last, and suffered
to go out of the world witlnjut any manner of reconciliation.
This discipline was g-enerally used at first toward the three
great sins of idolatry, adultery, and murder, which as learned
men agree,^ continued almost to the time of Cyprian.
Cyprian himself assures us,* that many of his predecessors
' Nyssen. Ep. ad Letoium, can. v. ^ <^ on. Rom. can. iv.
Quod si ante prajfinituni poenitentiae tempus desperatusa medicis, aut evi-
dentibus mortis pressus indiciis, receptfi quisquam communiouis gratia
convalescat; servemus in eo quod Nicenicanonus ordinaveruut, nt habeatur
inter eos qui in oratione sola communicant, donee impleaturspatiumtemporls
eidem prieslilutuni. ^ Vid. Albaspiii. Observat. lib. ii. cap. vii.
ad. 20. Bona, Rer. Liturg. lib. i. cap. xvii. n. 1. Fell. Not. in Cypr.
Ep. viii. p. 17. ♦ Cypr. Ep. Iv. ad Antonian. p. 110. Et quidem
apud Antecessores nostros (luidam dc Episcopis islic in provinciS nostra
dandara pacem moecliis non putaverunt, cl in totum pajnitenliit locum contra
adulteria clauserunt.
582 THE ANTIQUITIES OF THE [bOOK XVill.
absolutely refused to admit adulterers to communion attlieir
very last hour. And though this rigour uas abated by
general ag"rccment toward penitents in his time, yet they
still continued to deny communion to the very last to such
apostates, as persisted obstinate and impenitent all their
lives, and only desired reconciliation when the pangs of
death were upon them. "They," says he,' " who do no j)en-
anco, nor ever testify any sorrow Tor their sin from their
Jieart by mnnifest professions of lamentation, thougii they
begin to deprecate and sue for pardon when intirmity and
the danger of death is upon them, -~uch we think fit to de-
bar absolutely from oil hopes of communion and peace: be-
cause it is not repentance for their si(i<, but only the appre-
hension and terror of approaching- (.leath that compels them
to ask pardon: and lie is not worthy to receive eonsolution
at his death, who would not beforehand consider, that he
must shortly die." We find this rule concerning apostates
some time after renewed by the first Council of Aries, where
a decree was passed, " that such apostates,- as never present
ed themselves to the Church, nor soujiht to I'o anv maimer
of penance, but at last, when the}" uere seized with an infir-
mity, desired to have the communion, should, ii^that case be
debaired from it, unless they recovered, and brought forth
fruits worthy of repentance." And Innocent, bishop of llome^,
plainly says, this was the primitive custom for the three
' Cypr. Ep. Iv. a(' Anloiiian. p. 111. Pcetiitenliam >ion agentes, nee do-
lorem delictoruni suorum toto corde et inaiiifeslfi lamentationis suae pro-
fessions testaiites, probihendos oninino ceiisoimus a spe coinmunicafionis et
pacis, si ill inlirniilate el peiiculo coeperint deiuecaii : quia logare illos non
delicti pcenitenlia, scd i\u>itis urgcutis adinoniiio coiupellit : .lec dignus est
in inorte accipere solatium, qui se iio' cogiiavif esse morituruiu.
* Con. \relat. l.caii. 23. De I'is (|tii apostalaiif, ei lUinquani sead ecclesiam
reprseseiitaiit, nee quidem pa?i>itL'nliani a^ere qiuorioit, el poste? in iiifinui-
tale arrepli petuiit coniimtnionem, plncuil, eis oon dandam coniuiunionem,
nisi revaltieriot, et egerini dignos fiuctus pcciiitcntiie.
* Jniioc. Kp. iii. ad ['^xi'peiium. cap. ii. Et hoc
qusesitnm est, quid de his observari debcat. qui post l)aptisnium oinni tem-
pore incpipperantise et volupiatibiis dediti, in extrenio fine vita; si'fe ])oeni-
teutiani siipul el reconciliationem cominunionis expnscuni. De liis obser-
vatio prior, durior; posterior, interveniente iTiisericordi&, inclinatior est.
Nam consuetudo prior tenuit, ut concederetur eis poenitenlia, sed conimunio
negaretur. Sed postquam Doniiuus noster pacein ecdcsiis sui reddidit,
jam depulsoterrorc communionem dari abeuntibus placuit, &c.
CHAP. IV.j CHRISTIAN CHURCH. 583
lirst ages of persecution ; " If smy one after baptism spent
his whole life in intemjiorance and pleasure, and in the end
of his days desired penance and the reconciliation of com-
munion, lliey only admitted him to i>enanee, but absolutely
denied hitn communion. For in those days persecutions
being- very frecpient, lest the easiness of obtaining- commu-
nion should make men secure of reconciliation, and retard
their returning- from sin, comtnunioo uas justly denied tliem,
and only penance allowed diem, that they mii>ht not be de-
prived ol: the whole: the coosideratioo of the times made
their remis>*ion or reconciliation more diflicult to be ob-
tained : but after the Lortl had gv.riiied peace to his Church,
and llie terror of persecution w;vs over, then it seemed good
to the Churcl* to receive all such to communion, when
they were ii'oi'tg- out ol' the world, and f(jr the mercy
of the Lord lo o-iani it lo them as their Viaticum or
. . . . . «
provision Cor their journey, lest we should seem to follow
the asperity and hardiiess of Novatian the heretic, who
denied men pardon for greater sins committed after bap-
tism." The Canons of the Council of I'^Uberis do abun-
dantly confirm this ob«ervation made by Pope Innocent
upon the preceding- ages of persecution. For there are at
least twenty Canons in tliot Council, which deny commu-
nion to the ver^' last to several sorts of sinners, whose crimes
were either doubled and tripled, or single crimes of a more
flagrant scandal and heinous provocation. Thus the first
Canon determines^ in the case ol" voluntary idolaters and
apostates, who without aiiy compulsion went of their own
accord to the temple, and offered sacrifice : thi«i being a
more heinous and capital offence, than bare sacrificing- by
the violence and force of torture, it is ordered, that such
apostates shall not have the communion even at their last
hour. The next Canon"- inflicts the same punishment upon
• Con. Eliber. can. i. Placuit, ut quicunquc j)ost fidcnl baptisnii saluUiris,
aduUa jEtate, ad lem[)luni idololatratinusaccesserit, et feferit, quod est cri-
men capitate, nee in fine eum communionem accipere.
* Ttrid. can. ii. Flaniines qui post (idem la^acii ct rejifoncralionis sacrifi-
caverunt: eo quod giMninaviTiMt scclcra, uci-cdcnlc luimitidio. vrl tripli-
584 THE ANTIQUITIES OF THE [bOOK XVIII.
such idolaters as are g"iiilty of a complication of crimes: as
when a christian takes upon him the office of a Flamen, or
Heathen high-priest, and therein adds to his idolatry either
adultery or murder. So if a man kills another b\' sorcery ;
because there is idolatry joined with murder, he is not to
have the communion even at the hour of death.' If a man
whilst he is doing- penance for idolatry or adultery, relapses
into the same,- or any other great crime, this repetition of
his crime in such a case debars him from communion at his
last hour. Another Canon orders the like severity to be
used towards women,^ who without cause forsake their own
husbands, and are married to other men. And the same is
determined in case a woman is married to a man,' whom she
knows to have unlawfully divorced himself from a former
wife : both these sorts are denied communion to the very-
last. Another Canon subjects all panders and promoters
of uncleanness to the same penalty,^ whether it be a father
or mother, or any other Christian that exercises this abomi-
nable trade : because they sell the bodies of others, or
rather their own, they are not to have communion even at
their last hour. The same is determined in the case of a
virg-in dedicated to God :" if she commits fornication, and
continues in her uncleanness without reflecting upon what
she has done, there is no absolution for her in her last
minutes. As neither for the man,"^ that marries his daughter
ca?erint facinus, cohserente raocchiS, placuit eos iiec in fine accipere com-
munionein.
' Con. Eliber. can. vi. Si quis malcficio inUrficiat alterum, eo quod
sine idololatrifi peificere sceliis non potuit, nee in fine impertiendam esse
illi communionem. * Ibid. can. iii. et vii. See these Canons
before, sect. i. ^ Ibid. can. viii. FoMnina;. qua>, nulla prjcce-
dente causfi, reliqueiint vires sues, et se copulaverint alteris, nee in fine
accipiant communionem. ♦ Can. x. Si fuerit fidelis, qu£e ducitur
ab eo qui uxorein incnlpatam reliquit, et cum scierit ilium habere uxorem
quam sine causd reliquit, placuit, huic nee in fine dandam esse communio-
nem. * Con. Eliber. can. xil. Mater, vel parens, vel qutelibet
fidelis, si lenocinium exercuerit, eo quod alienum vendiderit corpus, vel
potiiis suum, placuit, eas nee in fine accipere communionem.
• Ibid. can. xiii. Virglnes, quse se Deo dicaverint, si pactum perdiderint
virg-initatis, atque eideni lihidini servleriiit, non intelliprentesquod amiserint,
placuit, nee in fine eis dandam esse communionem.
* Ibid. can. xvii. Si qui forte sacerdotibus idolorum filias suas junxerint,
placuit, ncc in fine tis dandam esse communionem.
CHAP. IV.] CHRISTIAN CHURCH. 585
to any idol-priost. Nor for any bisliop, presl)ytcr, or flea-
con, that eouunits aclultory,^ whilst lie is actually in ti)e
ministry, both because of the scandal, and also the wicked-
ness and piofaneness of the crime itself. So if a woman
commits adultery in lier husband's absence, and murders her
infant,^ she is not to have communion at the very last, be-
cause she tloubles her crime. In like manner a woman is to
be treated,^ that lives in adultery ail her life with another
man. And also any clerg-yman,* that knows his wife to be
guilty of adultery, and does not immediately put her away ;
lest thev, who ought to be examples of g-ood conversation to
others, should seem to teach others the way to sin. The same
punishment is awarded to any one,^ that commits incest by
marrying- his wife's daughter by a former husband. And to
such as are conscious and consenting- to their wive's adultery.®
And to all that commit sodomy with boys ;'^ and to women
who commit adultery with any man, and afterwards marry^
another husband and not the man who defiled them. If any
one turn informer against his brethren, so that they suffer^
banishment, conliscation, or death by his information, he is
not to have communion at his last hour. If any one accuse a
bishop, presbyter, or deacon of false crimes,'" and do not
make out what he alledges against them, he also is to be
denied communion to the very last. I have represented
these things at large, both to evidence the thing- now
asserted, and also to shew what sort of heinous crimes
those were, for which this great severity of discipline
was used toward men at their last hour. Some learned
persons are offended at this Council for its extreme
severity and rigour. Auxilius heretofore brought the"
charge of Novatianism against Hosius and the Council
together. And Suicerus asserts,'^ that the orthodox
' Con. Eliber. can. xviii. Episcopi, presbyteri, diaconi, si in ministcrio
positi, detect! fueiint quod sint moechati, placuit, et propter scandaliim, et prop-
ter profanum crimen, nee in fine eos communioneiii aocipere debere.
' Ibid, can.lxiii. * Can. Ixiv. * Can. Ixv. * Can. Ixvi.
* Can. Ixx. ' Can. Ixxi. ^ Can. Ixxii.
® Can. Ixxiii. '" Can. Ixxv. " Anxil. de Ordinat.
Formosi, lib. i. cap. \2 et li. lib. ii. cap. '23. '^ Suicer. Thesaur.
Eccles. Voce, Miravoia, p. 357.
586 THE ANTIQUITIES OF THE [BOOK XViil.
Church always taug-lit, that lapsers were to be received
into communion upon their repentance. Which in effect is
to brinirthe charire of Novatianism acrainst this council, and
to make it no part of the orthodox Church. But then the
difliculty will be how to clear Cyprian and the Council of
Aries from the same charge of Novatianism. For it is plain
they were in the same sentiments as to wliat concerned
apostates, who neglected penance to the hour of death:
and not only they, but the great (Jouncil of Sardiea, which
restored Athanasius, will be involved in the same condem-
nation. For there is a Canon in that Council, which is as
peremptory in this mnnnerns any in the Council of Eliberis.
The Canon orders,' that if any bishop out of ambition or
covctousness procure himself to be removed from a lesser
city to a greater, without the approbation of a synod, he
shall not be admitted even to lay-cornmunion at his last
hour. So that if this were Novatiani'^m, there 'S no apology
to be made for this Council, no more th<i.» for that of Elibe-
ris; the decrees of both Councils being the very same, and
of equal severity toward extraurdinary olfenders. The
Kovatians indeed sometimes laid hold of this practice in the
Church, as an handle to justify their own unwarrantable pro-
ceedings i'oainst all areat sins committed after baptism :
they said, they only treated the laity, as the Catholics did the
clergy, whom for several crimes they debarred from all com-
munion to the very last. For so Socrates tells us,'^ Ascle-
piadcs the Novatian bishop argued with Attieus, bishop of
Constantinople : whci x^tticus acknowledged, that commu-
nion might reasonably be denied even at the point of death
to such as sacrificed to idols, and that he himself had some-
times done so; Asclepiades replied, there are many other
sins unto death, as the scripture calls them, besides sacrific-
ing to idols, for which ye shut the clergy out of the Church,
and we the laity, remitting them over to God alone for their
pardon.
' Con. Sardic. can. ii. filrj^k iv Tift -iXti KdiKijc y^v aKi^aOai Koivuvias.
' Social, lib. vii. cap. 25.
CHAP. IV.] CHRISTIAN CHimCH. 587
Sect. 5.— How this may be vindicated and cleared from the Charges of
Novatianism.
Buttliis vvasonlya sophistical aig-umGnta;id false apology
for the Novatian schism; which though it has imposed upon
many learned men, and driven them to stranj^e diliiculties in
explaining- many of th(M!iicient Canons, and obliged them
to put a forced and uuiKitmal sense upon plain words, for
fear tlie\ should ^eem to encourage the "^ame error as No-
vatian held: yet the fallacy will easily be di'-cerned by a
right stating the matter, and setting- thing-s in a proper lig'ht
before the reader. The question between the Church and
the Novatians was not, whether communion at the hour of
death i.tioht be denied to some sort of sinneis: for in this
they both agreed, and the [)r;>etiee of the Church in tnany
cases was no less severe tov\ard some greoi and flagrant
crimes, or a complication of crimes, fhan was that of the
Novatians, as evidently appears from what has been already
discoursed. But the question wa-^ about the ministerial
power f)f absolution, or adniittin^- penitent sinners to the
peace and communioD of the Church a<:ain, after they had
lapsed or fallen into any great sii\ after liaptism. The
Novatians stiHy maintained, that the Church had no such
ministerial power of tlie keys committed to her ; but tliatall
such sinners were for ever to be excluded and kept out of
her communion; and that if she adf»iltted any of them again^
her communion was polluted and profaned by their conta-
gion : and upon this principle they made a separation from
the Church, as infectetl by the contmuuion of sinners. The
Church on the other hand asserted her own just right and
power, that by the commission of the keys from Christ, she
had the power to loose as well as bind ; to receive peni-
tents into the Church upon their reformation, as well as cast
out fUioitidUS men for their \)Otorious transgressions: and
though in some extraordinary cases, either where the crimes
were very heinous and numerous, or where for want of time
she could not have sufliciont evidence of men's repentance,
when they continued in their apostasy and impenitency till
they were threatened by death, she sometimes suffered such
men to go out of the world without reconciliation and com-
58S THE ANTIQUITIES OF THE [BOOK XVIII.
munion ; yet she did not this for want of power to receive
sinners into her communion, but because she judg-ed it more
proper to let lier censures continue upon such to the very
last, to be an example and terror to otliers. So that thoug-h
the practice of the Church and the Novatians was in some
cases the same, vet their principles were very different, and
vastlv wide of one another. The Novatians wholly denied
this power to the Churcli, and made a schism upon it: the
Church maintained lier own just power, and used it with dis-
cretion, sometimes one way, and sometimes another, as she
judg-ed most expedient in her own wisdom for the benefit
and edification of sinners, without dividing- communion
upon tliis point among- the governors of the Church, what-
ever way they thouglit fit to practis;e. This is what Cyprian
observes chiefly against Novatian,' in th.e case of admitting-
and not admitting- adulterers to communion. Some of our
predecessors, says he, in this province were of opinion, that
peace was not to be g-ranted to adulterers, and therefore they
wholly shut the door of repentance against adulter^' ; yet
they did not depart from the coUeg-e of tlieir fellow-bishops
upon this account, or break the unity of the Catholic Church
by any obstinate stiffness in their censure ; so as that be-
cause peace was granted by others to adulterers, therefore
they wb.o would not g-rant it, should make a separation from
the Church. But the bond of concord remaining entire, and
the mystical unity of the Catholic Church continuing- undi-
vided, every bishop manag-ed and directed his own acts of
discipline as he thought proper, being- to give an account
of his resolutions and manag-ement to the Lord. It appears
from hence, that the dispute between the Cliureli and Nova-
tians was not barely about practice, but about principles and
the power of the Churcli, in the use and management of
the keys of discipline: and therefore though the Church
sometime did the same thing- that the Novatians did in re-
' Cypr. F.p. Iv. ad Antonian. p. llC. Et quidcni apud antecessores no.s-
tros (juidain dc episcopis istic ii\ provincifi nostrfi dandam pacein ma'chis
non piUav»Tunt, ct in lotuin pcenitenlia: locum contra adiiltiiia claiiscrunt;
non tainen ii roepisroporurn suonun' cdllcjjio rccrssfnini, aut catholicae
ecclcsiae unilatini \e\ duiiluc vcl ri'i).siiia> sii* obstiiialioiic nipcrunt. &c.
CHAl. IV.J CHRISTIAN CfiURCH. 589
fiisino- communion to some sinners even at the point of
death, yet she was no ways charg-eable with Novatianism,
because she aeteii upon (htierent views and principles, and
only made use of her just power in a discretionary way, to
extend or contract her censures, as she judjL>e(l most expe-
dient for the benefit and echfication of the whole community,
or any particular member of it. And thus, 1 find, many
learned men, such as Albaspintpus,' bishop I3everidg-e,'- and
cardinal Bona,' liave accounted for this seeming- difliculty
in the Church's practice, which has so tortured the wits of
other men for want of understanding- wherein the true nature
of the Novatian heresy consisted : some fancying-, that the
Fathers in and before the Council of Eliberis were dovvn-
rig-ht Novatlans; others, that they allowed men reconcilia-
tion, and peace, and absolution, but oidy denied them the
communion of the eucharist at their last hour: whereas
nothing- can be plainer, than that they denied them not only
the communion, as it denotes the eucharist, but all manner
of ministerial reconciliation, pardon, absolution, and read-
mission into the society of the faithful.
Sect. 6.— Tlu' Rigour abated in after Ages without any Reflection on the
preceding Practice.
This rigour indeed was abated in the practice of the fol-
lowing- ages, but without the least reflection on those that
went before them : because they were sensible, it was at
the Church's liberty to order this part of discipline accord-
ing- to her own prudence, and act as the circumstances of
times and the state of affairs required ; judging the times
of peace to be difierent from the times of persecution, and
that some abatement was to be made in this matter, when
all the world was become Christian. The later Councils
therefore are not so stiff in requiring the execution of the
ancient Canons in this particidar, but allow every penitent
communion at their last hour, though they would not un-
dertake to assure them what effect an absolution in such
» Albaspin. Observat. lib. ii. cap. 21. * Bevereg. Not. ad
can. viii. Con. Nic. p. OS. * Bona, Rer. Liturg. lib. ii. can. 17.
n. 3.
590 THE ANTIQUITIES OF THE [BOOK XVIIl.
extremity should Isave before God. The Canons are very
numerous upon this head: it will be sufficient to mention
one or two as a specimen of all the rest. The Council of
Ag-de speaks in general terms uithont exception:' "no
penitents are to be denied their Viaticum, or provision for
their journey, at the i^o'int of death. '' The first Council of
Orang-eas universally, m;i kir.o" no distinction :^ " whoever ac-
cept of penance, when they depart from the body, let them
bereccived to communion ; but without the solemn imposi-
tion of hands, which is only to be given them, if they re-
cover, upon performing- their just penance in the Church."
The fourth Council of Carthage orders,^ that they shall have
both the solemn imposition of hands, and the eucharist also,
even thonoh they had lost their senses or were struck dumb
with their disease, if any about them could testify that they
desired penance in their sickness. And this was agreeable
to the rule made in the great Council of Nice,* that no one
at the point of death should be deprived of his final and
most necessary Viaticum, the eucharist or oblation, as it is
explained in the close of the Canon, where the bishop is
made judge of his repentance. Upon this ground Synesius*
says, he never let anyone gooutof the world bound with the
bonds of anathema, if they desired absolution: only if they
recovered, he reserved them to the disposition of his metro-
politan of Alexandria. And this confirms die remark made
in general by Pope Innocent,^ upon the different practices of
the Church in times of persecution and times of peace. The
' Con. Agathen. can. xv. Viaticum omnibus in mortc positis non est
negandum, * Con. Arausic. i. ran. 3. Qui recedunt decorpore,
poenitpntin. acccptTi, placuit, sine reconciliatoriri raanfis imposilione com-
municare, quod niorienlis suflicit consolationi, &c. ■"' Con. C'arth. iv.
can. Ixxvi. Qui pcenitentiam in infirmitate petit, si casu dum ad eum
sacerdos invitatus venit, oppressus infirmitate obmutueiit, vel in plirenesin
versus fuerit, dent testimonium qui eum audierunt, et accipiat pcenitentiam;
et si continuo creditur nioriturus, reconcilietui per manfls impositlonem, et
ori ejus infundatur euciiaristia. * Con. Nica^n. can. xiii. 'Ei
riQ i^octvoi, Tov rtXtvTatH iJj aimyKaiordTH l^otia /i») airo'Tt^iia^ai.
* Synes. Ep. Ixvii. ad Theophilum, p. 252. M/jfticyopajroSavot ^t^f/itvoc
tfioi. * Innoc. l^p. iii. ad Exuperium, cap. ii. Ue his obser-
vatio prior, durior: posterior, intervenientc misericordii, inclinatior est,
&c.
CHAP. IV.] CHRISTIAN CHURCH. 591
former ohsorvotion was more severe, the latter more indnl-
g'ent. In ancient limes many (dinners were denied commu-
nion at the hour of death: but in his time they granted pen-
ance to all, and admitted them to communion upon a death-
bed repentance. Only they did not think this so safe, as the
performance of a regular penance, in their file time: and
therefore they would not pronounce any thing confidently of
their condition. There goes an ancient jiomily under the
name of St. Austin, and it is also attributed to St. Anjbrose,
where this matter is thus delivered : " if a man repents at his
last hour, and is reconciled, and so dies, I amnot secure,* that
this man goes hence securely: I can admit him to penance,
but I can give him no security. Do T say, he shall be damn-
ed? I do not sa}' it ; but neither do I say he shall be saved.
What then do I sa;^' 1 I know not, I presume not, I promise
not. For 1 know not the will of God. Would you free your-
self from all doubt, and avoid that which is uncertain ? re-
pent whilst you are in health, and you will be secure when
your last day finds you : because you repent in a time when
you had power to sin : but if you then only begin to repent,
when you can sin no longer, it is not so much you that for-
sake your sins, as your sins forsake you.'' By all this it
plainly appears that the Church used a liberty of discretion
in treating- sinners of the first rank, either with severity or
tenderness, as she Judged expedient for the ends of disci-
pline, or the benefit and edification of the sinner.
Sect. 7. — What Liberty was allowccl io Tlishops in imposing Penance,
and exacting proper Satisfaction from Sinners. Some Sinners allowed
to do Penance twice.
Indeed we may observe that a great latitude and liberty
was allowed to bishops, who were the prime ministers of
discipline, to render it more rigorous or easy, as they
thouoht fit to regulate the exercise of it in their own discre-
tion. For though it was necessary in general for sinners to
demonstrate their repentance to the Church, in order to give
• Aug. Horn. xli. ex 1. torn. x. p. VJi. Agenspocnitentiara ad ultimum,
et reconciiiatus, si securu.s bine exeat, ei^o non sum securus. Poeniten-
tiam dare possum, sccuritatem dare non possum, &c. Vid. Ambros Exlior-
tat. ad Poenitent.
592 THE ANTIQUITIES OF THE [BOOK XVHI.
her satisfaction, and gain themselves re-admission •, yet the
method of doing- this was not so precisely prescribed, but
that bishops had power to add to, or abate something in the
measures of it. Therefore though the general custom was
to allow sinners to do public penance but once in the
Church, yet there are some instances, in the most strict and
primitive ages, of sinners being admitteil twice to this pri-
vilege. For Irena^us says,' Cerdon, the heretic, more than
once made confession of liis heresy. Which we are to un-
derstand of his doing penance twice for his errors by making
a public recantation of them. TertuUian says the same of
Valentinus, and Marcion,- that they were once and again
cast out of the Church for their turbulent curiosity in cor-
rupting the brethren, before they broke out into their last
dissention, when they scattered the poison of their doctrines
among the people. And yet after that Marcion did penance,
and was to have been received into the communion of the
Church again, upon condition, that lie should bring back
those, whom he had led into perdition ; which he intended
to do, but death prevented him. It is noted also by Socrates-*
concerning- St. Chrysostom, that though a synod of bishops
had decreed, that lapsers should only be admitted once to
do public penance, yet in his homilies he was used to tell
men, they should do it a thousand times, if occasion re-
quired, and be received to communion. Which bold doc-
trine displeased many of his friends, and Sisinius the No-
vation bishop wrote a book against it. After this a Council
was held at Constantinople, Anno 426 or 427, under ano-
ther Sisinius the Catholic bishop, one of St. Chrysostom's
successors, against the Massalian heretics, wherein it was
decreed, that because they had often relapsed after doing-
penance, they should be admitted to do penance no more,
' Iren. HI), iii. (ap. k « Teitul. <le Praescript. cap. 30, Ob in-
quiftaiii semjxM- eoruiii cuiiositatem, (itifi IVatres (juociue vitiabant, semel et
iteium eject! novissiine in perpt'tuum cliscidium relejjati, veiiena doc-
trinaruni suaruiii disseininaverunt. Poslmodum Marcioii pa-niteiUiam con-
fessus, cum coiHlitioni data; sibi occurrit, il:t i)acciii rccepliirus, si cateros
quoquequos pcnlitioni cnidisset, ecclesia; rcslitueret, luorle pra^ventus est.
' Socrat. lib. vi. cap. 21.
CHAl'. IV.] CHRISTIAN CHURCH. .")()3
though they made never so many solcnnn professions of re-
penting'. The synodical epistle is recorded in Photius/ from
whence we learn, that rehipsers at tliis time were allowed to
do penance ag-ain, though the Council thought (it to denj'
the Massalian heretics the privilege any longer, because
they had so often abused it.
Sect. 8. — Bishoj)S had also Powor to moderate the Term of Penance
iipou just Occasion.
Another instance of the power of bishops in this matter,
was the liberty which the canons themselves granted them
to moderate the term of penance, and shorten it, if they ob-
served any extraordinary degree of zeal and sedulity in any
penitents, that might deserve their indulgence and commi-
seration. The Council of Nice, determining the term of pe-
nance for such as fell into idolatry,^ says, they shall be
three years hearers, and ten years prostrators, before they
were admitted to communicate in prayers with the people:
but if any were more than ordinarily diligent in expressing
their concern and tears, and bringing forth good works, the
true fruits of repentance, it should be in the bishop's power
to deal more genlly and mildly with them, — dvOpdJTroripov
Ti 7r£()t avT(I)v [inXtvaacy^ai, — and bring them to communicate
in prayers sooner. The like order is given by the Council
of Ancyra^, that bishops shall have power, upon examina-
tion and trial of the penitents' manner of behaviour and con-
version, cither to shew them favour by shortening the time
of penance, or otherwise to add to it at his discretion, —
rj <l)iXav9p(i)Trev£g^ai, tj irXdova TTpoariOivai j^povov. So St.
Basil says,* he that has the power of binding and loosing,
may lessen the time of penance to a penitent that shews
great contrition. And Chrysostom in answer to some, who
complained of the length of penance, that it continued a
' Phot. Biblioth.cod. 52. * Con. Nic. can. 12. » Con.
Ancyr. can. v. * Basil, can. Ixxiv.
2 Q
594 THE ANTIQUITIES OF THE [BOOK XVIII.
year, or two, or three, says, I require not the continuance of
time,* but the correction of the soul. Demonstrate your
contrition, demonstrate your reformation, and all is done.
The Council of Lerida very expressly :^ "let it remain in the
power of the bishop either to shorten the suspension of the
truly contrite, or to segregate the negligent a longer time
from the body of the Church." And the great Council of
Chalcedon leaves it entirely in the hands of every bishop
in his respective Church,^ to shew favour to such penitents
at his own discretion.
Sect. 9.— And this was the true ancient Notion of an Indulgence.
And this is what some of the Ancients call an indulgence ;
which was not heretofore any pretended power of delivering
souls from the pains of purgatory, by virtue of a stock of
merits, or works of supererogation, which they of the
Church of Rome call now the Church's treasure, of which
the pope is become the sole dispenser: but anciently an
indulgence was no more than this power, which every
bishop had, of moderating the canonical punishments, which
in a course of penance were inflicted upon sinners, so that
if the bishop saw any one to be a zealous and earnest peni-
tent, he had liberty to shorten the time of his penance, thrt
is, grant him a relaxation of some of his penitential exer-
cises, and admit him sooner than others to communion. This
was the true ancient notion of an indulgence. And that it
was so, we may learn from one of the epistles of Pope Vigi-
lius, who writing to a certain bishop concerning some per-
sons, who were under penance for suffering themselves to
be re-baptised by the Arians, tells him,* that it was left to
• Chrys. Horn. xiv. in. 2. Cor. c. 846. • Con. Harden, can. v. Maneat in
potestatc pontificis, vel veraciter afflictos non did susnendere, vel desidiosos
prolixiore tempore ab ecclesiiE corpore segregare. * Con. Chalced. can. xvi.
'Qpiffa^iv ^i 'ixiiv Tt]v av^evriav riic tir' avrolg ^iXav0owri«£ rbv Kitra tSttov
iiriffKOTrov. See Martin. Bracarcns. CapitulaGraec. Can. cap. Ixxxi. Conversa-
tio et fides poenitentis compondiat tempus. * Vigil. Ep. ii. ad Elcutherium.
cap. iii. In a;stimatione fraternitatis tua, aliorumque pontificum per suas
dioDcesesrelinquatur, ut si qualltas ft poenitentis devotlo fuerit approbate,
indulgentise quoque remedio sit vicina.
CHAP. IV.] CHRISTIAN CHURCH. 595
his own judg-mont, and the judgrnont of other bishops in
their respective dioceses, if they approved tho(]uality and de-
votion of any penitents, to g-rant them the beneiit of an in-
dulg'cnce, that is, a relaxation of their penitential exercises,
or a speedier admission to communion.
Sect. 10.— Which was sometimes granted at the Intercession of the Martyrs,
or the Instance of the civil Magistrate.
And this was sometimes granted at the intercession of the
martyrs in prison, of which there are several examples in
Cyprian; and sometimes at the instance of the civil mag-is-
trate. For St. Austin tells us,' that as bishops were used to
intercede for criminals in tlie civil courts, so the magistrates
sometimes interceded for penitents in the ecclesiastical.
And he uses this as an argument to a certain magistrate to
induce him to shew mercy to an offender. If you have li-
berty to intercede with us for the mitigation of an ecclesias-
tical censure, why may not the bishop intercede against
your sword, when our sword is only drawn to make the man
live better, but yours that he may not live at all 1 This sort
of indulgences therefore had no respect to the punishments
of the next world, but only to the mitigation of ecclesiasti-
cal punishment in this : which is ingenuously acknowledged
by Cassander,^ and several other learned Romanists, some
of which have undergone the censures of the Roman inqui-
sitors for their over liberal concessions. Particularly Poly-
dore Virgil is put into the Index Expurgalorius for saying,^
that the use of indulgences is no older than the time of
Gregory the Great ; and Franciscus Polygranus for assert-
ing,* that every bishop of divine right has power to grant in-
• Aug. Ep. 54. ad Macedonium, p. 93. Si vobis fas est ecclesiasticani
correptionem intercedendo mitigare, quomodo episcopus vestro gladio non
debet intercedere, cum ilia exeratur, ut in quern exeritur bene vivat, iste
ne vivat? * Cassand. Consultat. Art. xii. p. 103. Joan
RofFensis. cent. Luther, art. xviii. Polydor. Virgil, de Inventor Rcrum.
lib. viii. cap. 1. Alphons. a Castro, advers. Hceres. lib. viii. p. 572.
* Index Libror. Prohib. et Expurgand. p. 853. Madrit. 1667.
* Index Expurg. p. 97. Salmur. UiOl. Ex Fr. Polygrani Assertionibus quo-
rundam ecclesijE dogmatum. Fol. 68. deleatur glossa marginalls, quae ait
dejuredivino quilibet sacerdos posset dare indulgentias.
2 Q 2
596 THE ANTIQUITIES OF THli [bOOK XVIII.
dulgenecs, with some assertions of the like nature ; which
agree very well with the true ancient notion of an indul-
gence, as it has been now explained, but will not comport
with the Pope's sole claim and pretence to this power, or
any other innovations in the modern practice. But this only
by the way: I now return to the ancient Church.
Sect. 11. — Bishops had also Powerto alter the Nature of the Penalty in some
Measure, as well as the Term of it.
Where we may observe further, that bishops had power
to grant indulgence, not only by contracting- the term of
penance, but also in some measure by altering or lessening
the nature and quality of the punishment itself. Of which
we have a plain evidence in the Council of Ancyra,* where,
in the case of deacons, who lapsed into idolatry, and after-
wards recovering stood firm in a second engagement, it is
ordered, that they may retain the honour of deacons, but
not any part of their sacred service, either in ministering
the bread or the cup, or in performing the office of the
public directors in the church : yet the bishops should have
power, if they found them very diligent, humble, and meek,
to grant them more or less of their office, as they judg-ed
convenient ; which shews, that a great deal in this whole
matter was left to the bishops' discretion, to make the exer-
cise of penance more or less severe, as well in the degrees
of punishment as in point of time, according to the disposi-
tion and behaviour of the repenting sinner.
Sect. 13. — What the Ancients mean by the Term Legitima Pcenitentia.
And this explains to us a term or phrase which often
occurs in the writings of the Ancients, especially in
Cyprian^ and the Council of Eliberis,^ and where they re-
quire, that penitents should perform " Paenitentiam legiti-
' Con. Ancyr. can. 2. * Cypr. Ep. Si^al. 57. ad. Cornel,
p. 116. Ep. o5, ad Antoniun, p. 108. * Con. Eliber. can.
S, 5, 14, 72,70.
CHAP. IV.] CHUISTIAN CHUKCIl. 597
mam, jilenam, et justmn, a Icyal, full, and just in'uance.'"
Sorno understand by this, that tliey should fuKil the whole
term or time of penance prescribed by the Canons ; others,
that they should not only fulfil the time, but reg-nlarly <^o
througli all the several degrees of penance, as mourners,
hearers, prostrators, and co-standers, before they were re-
ceived to communion. But neither of these hit the true
meaning of this ancient phrase, which respects neither the
time of penance nor the orders of penitents, but the mind
and qualifications of men acting- sincerely and bond fide in
their repentance ; and expressing their hearty sorrow for sin
by weeping, and mourning, and fasting, and almsdeeds, and
charity, and an entire reformation ; which are proper indica-
tions of a penitent mind, and such as might incline the
bishop to shew them some favour and indulgence, by shorten-
ing the time of their penance, notwithstanding which it
might be called a just and full repentance, as Albaspinaeus^
rightly explains it.
Sect. 13. — What is meant by the Phrase inter Hyemantes orare.
There is one phrase more occurring in some of the
ancient Canons, which may need a little explication in this
place, because it relates to the severity of the ancient disci-
pline, which we are now considering. The Council of
Ancvra, speaking of those, who commit uncleanness with
beasts,^ or draw others into the same sin (being spiritual
lepers, and infecting others with their contagion), says, they
shall pray with tlie XufxaZ^ofi^voi, or Hyemantes ; -which de-
notes some extraordinary punishment, but of what sort is
not very easy to determine, because learned men are not
well agreed what the word Xafiat^ofxEvoi properly means.
The old translators of the Greek Canons commonly under-
' Albasp. Observat. lib. ii. cap. 30. It. Not. in Can. 3 Con. Eliber.
' Con. Anc5'r. can 17. Tbq d\oyivaaixh'ng kj \iTrpH(; ovraQ, r/rot XfTrpwcrni'-
rof, r«T8£ 7rpo(T£ra4ai' >'; iiyia avvodo^ tig risg ^Ltina'^ofiivovr: tvxef^nt.
598 THK ANTIQUITIES OF THE [BOOK XVIII.
stand it of energumens, or demoniacs, such as wore vexed
with unclean spirits, and, as it were, tossed by them in a
tempest. Dionysius Exiguus renders it, " Qui spiriiu peri-
clitantur immundo, vexed with an unclean spirit.^' The
other translation of Isidorus Mercator has it, " Qui tempes-
tate jactantur, qui a nobis eiiergumeni intelliguntur, — those
that are tossed in a tempest, by whom ive understand ener-
giimens^ And Martin Bracarensis, in his collection of the
Greek Canons,* renders it " D^emoniosos, demoniacs^ And
that which g-ives some probability to this interpretation is,
that the word XEj/^m^o^ci'ot is so used and expounded by
many Greek writers. In the prayer for the whole state of
the Church, and all orders in it, related by the author of the
Constitutions,^ there is one petition, " virtp tmv xuixa^ofiivuyv
VTTo Tou dWorpiov, for those who are tossed by the eruviy,'''
that is, energumens vexed with the evil spirit. And so CyriP
of Alexandria uses the same phrase for those, that were
possessed with a wicked spirit. As also the ancient com-
mentators,* Maximus upon Dionysius, and Alexis Aristinus
upon the Canons,* and the modern Greeks in their Eucho-
logium,^ where there is a prayer for the " XeifiaZofxevoi v7ro
TTviv/uaTojv aKa^dpTwv, for those that are tossed or tormented
with unclean spirits^ Upon the credit of which autho-
rities Bishop Beveridge concludes,^ that praying- among the
Xifjua^o/xtvof or Hyemantes in the Council of Ancyra denotes
the penitents praying- among the Energumens, or those that
were vexed with unclean spirits. And so Osiander, in his
notes upon the Council of Ancyra,^ and Mr. Dodwel,^ in
his observations upon Cyprian, who thinks the word Clido-
meni, in one of Cyprian's Epistles, is but a corruption from
' Martin. Bracar. Collect. Canonum. cap. 82. Oportet tales inter dsmoni-
osos orare, al. ordinare, * Constit. lib. viii. cap j-i.
• Cyril, in Esai. xlii. p. 544. Xfi^a^o/ievoi virh Trvfv/taroc irovtfpi.
* Maxim, in Dionys. Hierarch. Eccles. cap 6. * Alex. Aristin.
in can. 17. Con. Ancyr. * Eucholog. Goar, p. 724.
' Bevereg. Not. in Can. 11. Con. Nic. n. iv. p. 72. * Collect.
Canonum. 'Witeberga;. IG14, 4to. ' Dodwel Dissert. 1. in Cyprian,
p. 4.
CHAP. IV.] CHRISTIAN CHURCH. 6U9
Chjthnisomeni, KXwS<uv<pi/<£i'o<, wliich is of tho same import
and signification with Xtz/xo^o/uevot, denoting- what the Latins
call Maniaci and Lymphatici, persons possessed by an evil
spirit, as he shews out of some passag-es of Amphilochius*
and yt. Chrysostom, which support his conjecture. Other
learned men think the Xni^iaKoii-^voi, or Hyemantes, were
such penitents as for the monstrous greatness of their
crimes were not only expelled out of the communion of the
Church, but cast out of the very Atrium or courts and
porch of the Church, and put to do penance in the open air,
where they stood exposed to the inclemency of all weathers
whatsoever. This opinion is embraced and defended by
Albaspinrcus,* Cardinal Bona,^ and Suicerus.* And there
is a passage in Tertullian, which makes this explication look
very natural ; for, speaking" of the ancient discipline, and
disting-uishing- the degrees and malignity of heinous of-
fences, he says,* there were some impious furies of lust, so
far transgressing all the laws of nature, both with respect to
bodies and sex, that they did not only expel them from the
doors of the church, but from any covered place belonging
to it, as beiner monsters rather than common vices. Either
of these opinions, as having each their reasons and proba-
bility to support them, may be admitted. But the opinion
of 13aIzamon here is little worth, who makes the Hye-
mantes to be no more, than the second class of penitents,
called hearers. This does by no means shew any special
severity against such enormous sins, assigning them only a
common punishment with the rest. But if we suppose those,
who were guilty of them, either to be ranked among demo-
niacs, or wholly to be kept out of the Church, we have
some proper idea of the Church's severity against them •
for which reason I have purposely mentioned it in this
' Amphiloch. Horn, de Pceiiit. ap. Combefis. p. 97. Chrys. Orat. 1. ad Stagy-
riiim. ^ Albasp. Observ. in can. 17. Con. Ancyr. " Bona
Rer. Liturg. lib. i. cap. 17. n, 5. * Suicer. Thesaur. Ecclcs. Voce
Xufia^o^ti'oi. * Tertul. de Pudicit. cap. 4. Reliquas autem
furias impias et in corpora et in sexus ultra jura naturte, non modo limine,
'erum omni ecclesiae tccto subinovenius, quia non sunt delicta, sed monstra.
600 THE ANTIQUITIES OF THE [bOOK XV III.
place, where vve have been discoursing of the strictness and
severity of the ancient discipline, which is the last thing
considerable in the exercise of it, whilst men were under the
bonds and fetters of excommunication. The next thing- is
to see how they were loosed from these bonds, when their
penance was completed ; and this brings us to the business
of absolution, or the method of re-admitting penitents into
the communion of the Church again, which must be the
subject of the next book.
CHAP. I.] CHRISTIAN CHURCH. 601
BOOK XIX.
OF ABSOLUTION, OR THE MANNER OF RE-ADMIT-
ING PENITENTS INTO TUE COMMUNION OF THE
CHURCH AGAIN.
CHAP. I.
Of the Nature of A bsolution, and the several Sorts of it ,-
7nore particularly of such as relate to the penitential
Discipline of the Church.
Sect. 1. — All Church-absolution only ministerial, not absolute.
Having hitherto seen the exercise of penitential disei-
phne in all the several parts of it, as it related to sinners un-
der the bonds of excommunication, we are now to consider
it under another view, as it denotes their absolution from
those bonds by the power of the keys, and the method of
restoring' or re-admitting- penitents, when their penance was
completed, to the communion of the Church again. And here
first of all we are to observe, that the Ancients challenged no
power in this matter but that, which was purely ministerial ;
leaving- the absolute, sovereign, independent, and irrever-
sible power only to God. Of which I need give no other
proof at present but only this, that they constantly made it
an argument for our Saviour s divinity, that He hud tlie
sovereign power of forgiving sins: which argument could
602 THE ANTIQUITIES OF THE [bOOK XIX.
have signified nothing-, had men been equal sharers in this
power with Him. Thus Irena^us argues against some of the
heretics in his own time: " our Saviour," says he,' in for-
g-iving' sins both cured the man, and manifestly declared, who
He himself was. For if none can forgive sins but God
alone, and our Lord did forgive them, and cure men ; it is
manifest, that He was the Word of God, made the son of
man: and as He was man, He suffered with us and for us; as
He is God, He shews mercy to us, and forgives us our debts,
which we owe to God our Maker." The same argument is
urged by TertuUian in his books ag-ainst Marcion j'^ and by
Novatian against the Ebionites;^ and Athanasius against
the Arians ;* St. Basil also uses it,^ as one of his strongest
weapons against Eunomius ; and the like is done by St.
Hilary/' and St. Chrysostom,' and St. Jerom,^ and victor of
Antioch,^ and Cyril of Alexandria,'" wiio all argue for our
Saviour's divinity from this topic, that He had sovereig-n and
absolute power upon earth to forgive sins. And St.
Ambrose uses the same aronment ao-ainstthe Macedonians*'
to prove the divinity of the Holy Ghcst. I produce none of
these testimonies at large here, both because they all speak
the same thing, and are already produced in an excellent
book of Bishop Usher's,'^ which is common in every reader's
hands: where he also shews further the general agreement
of the Ancients in this assertion, that none can forgive sins
but God only, that is, with an absolute and sovereign power:
' Iren. lib. v. cap. 17. Pcccata igitur remittens, hominem quidera curavit,
seiiietipsumautcm nianifesle osteiulit quis esset. Si enim nomo potest re-
raittere peccata nisi solus Deus ; rcmittebat autt'iii hiEC Doiiiinus, et curabat
homines: inanifestum est, quoniam ipse erat Verbiira Dei, Filius hominis
factus Et quo modo homo compassus est nobis, tanquain Deus misereatur
nostii, &c. ^ Tertul. cent. Marcion. lib. iv. cap. 10.
* Novat. de Trinit. cap. xiii. * Athaii. Orat. Jii. cont. Arianos.
Oral. iv. cont. Ar. It. Epi.st. de Sj-nodis. * Basil, cont. Eunom.
lib. V. '^ Hilar. Canon, viii. in Mat. ' Chrys. Horn. xxix.
in Mat. * Hieron. Com. in Mat. ix. ' Victoria
Marc. ii. '" Cyril. Thesaur. lib. xii. cap. 4. Item do Rectfi Fide
ad Reginas. " Ambros. de Spir. Sancio. lib. iii. cap. 19. Vid.
Aug. Honi. xxiii. ex 1. c. 7. '* U.slier. Answer to the Jesuit'.s
Challenge, p. 79, &c.
ClIAl'. 1.] CHRISTIAN CHURCH, G03
and tlierefore (he power of absolution in tho Cliiircli
is purely ministerial, and consists in the due exer-
cise and application of those means, in the ordinary
use of which God is pleased to remit sins; using- the
ministry of his servants, as stewards of liis mysteries, in
the external dispensation of them; but Himself conferring-
the internal grace or gift of remission by the operation of
his spirit only upon the worthy receivers. These mysteries
or means of grace, in the external dispensation of which the
Church is concerned, and in the ordinary use of which remis-
sion of sins is conveyed, are usually by the Ancients reck-
oned up under these five heads: 1, the absolution or g-reat
indulgence of baptism. 2. The absolution of the eucharist.
3. The absolution of the word and doctrine. 4. The abso-
lution of imposition of hands and prayer. 5. The absolution
of reconcilement to the Church and her communion by a re-
laxation of her censures. The two first may be called sacra-
mental absolution ; the third declaratory absolution ; the
fourth precatory absolution ; the fifth judicial absolution: and
all of them authoritative, so far as they are done by the
ministerial authority and commission which Christ has
given to his Church, to reconcile men to God by the exer-
cise of such acts and means, as conduce to that end
in a subordinate and ministerial way according- to his
appointment.
Sect. 2. — Of the grand Absolution of Baptism. That this was of no Use
in penitential Discipline to Persons once baptised.
But then all these sorts of absolution were not reckoned
of equal concern in penitential discipline. For though bap-
tism was always esteemed the most universal absolution,
and grand indulgence in the ministry of the Church ; as
conveying a general pardon of sins to every true member of
Christ, when he first entered into his mystical body by the
laver of regeneration : yet this had no place in the exercise
of penitential discipline. For no penitent was ever recon-
ciled to the communion of the Church, after any lapse, or
censure, or penance done for it by a second baptism. And
yet the stewards of Christ's mysteries were always supposed
604 TUB ANTIQUITIES OF THE [bOOK XIX.
to have the ministerial power of conveying remission of sins
to men by the administration of baptism : and so far as they
were entrusted with the administration of it, so far they had
power to bind or loose ; to admit the worthy into the
Church, or keep the unworthy out of it ; that is, in the
ministerial way, to remit men's sins by admitting- them to
baptism, or retain their sins by keeping them from it,
according to the rules of Christ's institution and appoint-
ment. The Ancients upon this account commonly give bap-
tism the name of indulgence, or remission of sins, or the
sacrament of remission, as I have had occasion to shew out
of the Council of Carthage^ under Cyprian, and one of the
Roman Councils mentioned by Cotelerius,^ and St. Austin,^
in a former book,* where we treat more expressly of baptism.
It is also observable, that the Ancifents commonly deduce
this ministerial power of remitting sins in baptism from the
same text, upon which the power of all other absolutions is
founded, viz. John. xx. 23. " \Vhosesoever sins ye remit,
they are remitted unto them ;and whosesoever sins ye retain,
they are retained." They say, this commission is executed
by the ministers of Christ, as well in conferring baptism, as
in reconciling penitents, or any other way of ministerial
absolution. Cyprian argues upon this foot against the bap-
tism of heretics and schismatics, that baptism given by them
is of no benefit to the receiver, because they are not of the
number of those, to whom Christ gave commission to remit
sins, as not being endued with the Holy Spirit. " Seeing,"
savs he,^ " that remission of sins is granted to every man in
baptism, the Lord in his gospel declares and proves, that
' Con. Carth. ap. Cypr. n. xix. p. 234. " Con. Rom.
ap. Colder in Constitut. Apost. lib. iii. cap. ix. * Augr. de
Bapl. lib. V. cap. 21. * Book ii. chap. i. sect. ii.
* Cypr. Ep. Ixwi. al 09. ad Magnum, p. 185. Cum in baptismo unicui-
que peccata sua ninittuntur, probat et declarat in suo evangelio Dominus,
per eos solos posse ppccata dimitti, qui habeant Spiritum Sanctum. Post
resurreclionem enim discipulos suos mittens, loquitur ad eos el dicit : Sicut
misit me Pater, et ego mitto vos. Hoc cum dixissef, insufiBavit et ait illis :
Accipite Spiritum Sanctum. Si cujus remiseritis peccata, remittentur illi :
si cujus tenuerilis, tenebuntur. Quo in loco ostcndit, euui solum posse bap-
tizare, et rcmissionem peccatorum dare, qui liabcat Spiritum Sanctum.
CHAP. I.] CHRISTIAN CHURCH. QO')
sins can only be roinittedby them, who have the Holy Spirit.
For after his resurrection, when He sent forth his disciples,
He said unto them, ' As my Father sent Me, so send I you.
And when He had said this, He breathed on them, saying",
receive ye the Holy Ghost. Whosesoever sins ye remit, they
are remitted unto them ; and whosesoever sins ye retain, they
are retained.' In which place he shews, that they only can
baptise and g-rant remission of sins, who have the Holy
Ghost." So again in another epistle:* " It is manifest both
where and by whom that remission of sins is granted^ which
is granted in baptism. For the Lord first gave that power
to Peter, that whatsoever he loosed on earth, should be
loosed in heaven. And after his resurrection. He said to his
disciples, ' Whosesoever sins ye remit, they arc remitted unto
them; and whosesoever sins ye retain, they are retained,'
Whence we understand, that no other have power to bap-
tise, and grant remission of sins, but they who arc made
rulers in the Church b}^ the evangelical law and ordinance
of the Lord." Firmilian also follows Cyprian in the same
argument,^ proving- from the same texts, that heretics have
no power to remit sins in baptism, because they are not in
the Church, nor of the number of those, to whom Christ
g-ave that commission. Neither was it only Cyprian and
Firmilian that thus asserted the power of remitting- sins in
baptism to belong- to the ministers of Christ, but generally
all other interpreters. Cyril of Alexandria expounding'
those words of our Saviour, " Whosesoever sins ye remit,
&c." says, " spiritual men remit or retain sins, as I conceive,
two ways. For either they call those to baptism, who are
worthy of it upon the account of a g-ood life and approved
' Id. Ep. Ixxiii. ad.Iubaian. p. 201. Manifestum est auteni ubi et per
quos remissa pt-ccatoruin dari possit, quae in baptismo scilicet datur. Nam
Petro primuni Dominus potestatcm istam dedit, ut id solveretur in ccelis,
quod ille solvissot in tt-rris. Et ])ost resurrectionem quoque ad Apostolos
loquitur, dicens, Sicut mislt me Pater, &'c. Unde intelliginius, non nisi in
ecclesia prsepositis, et in evangelicfi lege et doininicS oidiiiatione fundatis,
licere baptizare, et remissam poccatorum dare. * Firniil. Ep. Ixxv.
ap.Xypr. p. -225. ^ Cyril, lib. xii. in Joan. xx. xxiii. torn. i.
p. 1101.
(506 THE ANTIQUITIES OF THE [bOOK XIX.
faith, or else they forbid and repel those from the divine gift,
who are unworthy of it. This is one way of rennitting or re-
taining- sin. Another way is, wiicii they punish and correct
the children of the Cl)ureh offending, and pardon them again
upon their repentance : as Paul delivered the Corinthian
over to the destruction of the flesh, that the spirit might be
saved ; and afterward received him, that he might not be
swallowed up of overmuch sorrow." St. z\mbrose in like
manner ascribes the power of remitting sins to the adminis-
tration of baptism, as well as penance: and upon tliis ground
he asks the Novatians,' " why do ye baptise, if sins cannot
be remitted by the ministry of man ? what is the difference,
whether priests assume this power as given to them in the
exercise of penance, or the administration of baptism?"
Gaudentius says,* " It is this key of the sacraments, that
opens the gate of the kingdom of !:eaven." Consequently
he must mean also, that so far as ministers are instrumental
in conferring the sacrament of baptism, so far they are in-
strumental in pVocuring men that remission of sins which
attends it. And for this reason Chrysostom magnifies the
sacerdotal office upon a double account, because the priests
have power to remit sins,^ both when they regenerate us,
and afterwards : that is, both by baptism and penance, when
they first admit men into the Church, and readmit or recon-
cile them after any great transgression. But I mention this,
not so much to explain the penitential discipline of the
Church, in which baptismal absolution has no concern, as to
remark a few other necessary things. As first, that sacer-
dotal absolution in general extends much further than is
commonly apprehended : for it includes the whole transac-
tion of baptism, whereby remission of sins is ministerially
granted to every true member of Christ, when he is first
• Ambros. de Poenitent. lib. i. cap. vH. torn. 1. p. 157. Cur baptizatis, si
per bominem i)fccata dimitti non licet? Quid interest, utruin per pceniten-
tiam, an per lavacruin iioc jus sibi datum sacerdotes vendicent ?
* Gaudent. Tract, xvi. Die Ordinat. Sua Bibl. Patr. torn. ii. p. 59. Janua
quippe rcgni ccelorum non nisi hoc sacramentorum spirituali clave rescratur.
* Chrys. de Sacerdot. lib. iii. cap. 6. Ov yap or' ilv »'/jud(,- avayivvwai fiovoy,
dWd i$) Tci fitrAravra crvi'xwpftv txHfftv i^ntriav aftapriifiara.
CHAP. I.] CHRISTIAN CHURCH. 007
admitted Into his Clinrcli. Whence it follows secondly
that sacerdotal al)S()lution does not necessarily require any
particular or auricular confession of \irivatc sins ; forasmuch
as tliat the grand absolution of baptism was commonly g-iven
without any particular confession. And therefore the
Romanists vainly found tlie necessity of auricular confession
upon those words of our Saviour, " Whosesoever sins ye re-
mit, they are remitted unto them :" as if there could be no
absolution without particular confession; when it is so
plain, that the g-reat absolution of baptism, the power of
which is founded by the Ancients upon this very place, re-
quired no such particular confession. Thirdly, we may
hence infer, that the power of any sacerdotal absolution is
only ministerial : because the administration of baptism,
which is the most universal absolution, so far as man is con-
cerned in it, is no more than ministerial. All the oiiice and
power of man in it is only to minister the external form, but
the internal power and grace of remission of sins is properly
God's: and so it is in all other sorts of absolution. Therefore
though baptismal absolution be no part of penitential disci-
phne, yet by observing these things in it, we shall more
easily discern the true nature of those other absolutions,
which have some relation to the penitential discipline of the
Church .
Sect. 3. — Of the Absolution granted by the Eucharist.
The first of these, though we may call it the second in
the general consideration of absolutions, was the abso-
lution that was given by the ministry of the eucharist.
This had some relation to penitential discipline, but did not
solely belong to it. For it was given to all baptised per-
sons, who never fell under penitential discipline, as well as
those, who lapsed, and were restored to communion again.
And in both respects it was called the to rtXeiov, the per-
fection or consummation of a Christian ; there being no
higher mystery that an ordinary Christian could partake of.
To those whenever fell into such great sins as required a
public penance, it was an absolution from lesser sins, which
608 THE ANTIQUITIES OF THE [bOOK XIX.
were called venial, and sins of daily incursion: and to
penitents, who had lapsed, it was an absolution from those
greater sins, for which they were fallen under censure.
That it was esteemed such a g-eneral absolution in both
cases, we learn from the characters, which the Ancients
give of it both at large, and with a particular respect to its
loosing the bonds of excommunication. Cyprian says in
general,' " that when we drink the blood of the Lord, and
the cup of salvation, we put oft" the remembrance of the
old man, and forget our former secular conversation ; and
our sorrowful and heavy heart, which before was pressed
with the anguish of our sins, is now absolved or set at
liberty by the joyfulness of the divine indulg*ence or par-
don." And more particularly, that it was esteemed an
absolution, as it resolved the bonds of excommunication,
without any other formality or ceremony of receiving the
penitent into the communion of the Church, we learn from
that order made in the first Council of Orange," that such
penitents, as are ready to leave the body, shall have the
communion without the reconciliatory imposition of hands:
which, as we shall see by and by, was the usual and ordi-
nary ceremony in reconcibng penitents publicly at the altar,
and what these were to have afterwards, if they happened
to survive. In the mean time this sort of communion, the
eucharist taken without imposition of hands, was suf-
ficient for the consolation or reconciliation of a dying
person, according- to the decrees of the Fathers, who con-
gruously call this sort of communion their viaticum, or
provision for their journey. The fourth Council of Carthage
has two Canons implying the same thing. The first says,'
' Cypr. Ep. Ixiii. ad CsEcilium, p. 153. Epoto sanguine Domini, et poculo
saltttari, exponitur memoria veteris hominis, ct fit oblivio conversationis
pristiiiiE sa:culaiis; et mopstum pectus actrlste, quod prius peccatis augenti-
bus premebalur, divinse indulgentiae liEtitia resolvilur. * Con.
Arausiciin. can. iii. Qui recedunt de corpore, accejitri pajnitentift, placuit,
sine reconciliatoria manfis iinpositione eos communicaie. quod niorientis
sufficit consolationi, al. reconciliationi, secundum definitiones Patruin, qui
hujusmodi coininunionem congruenter viaticum noniinaverunt.
' Con. Garth, iv. can. 76. Si continuo creditur nioiiturus, reconcilietur per
manils impositioneni, etinfundatur ori ejus eu-sharistia.
CHAP. I.] CHRISTIAN CHURCH. C09
if n ponifciit is struck rliimh in liis sickness, and is t}ioii<rht
to be nt the point of doatl), lie shall he reconc-ileil both by
imposition of hands, and by the eucharist put into his
mouth. And the other orants the eucharist as an absolu-
tion by itself to penitents in sickness, if hey chance to die ;
only proviilino-,' that, in case they recover, they shall not
hold themselves absolved without imposition of hands also:
because in case they survived, they were otiliirod to perform
the residue of their penance, which they should have done
before, and then be reconciled by imposition of hands pub-
licly at the altar; but if they died, the eucharist alone was
a sufficient alisolution for them. And tiiis is confirmed by
that memorable storv, related by Eusebius,- out of an
epistle of Dionysius, bishop of Alexandria, concern-
ing- one Serapion, an aged man, who had led a vir-
tuous life, but happened at last to lapse into idolatry in time
of persecution. He had often sued for pardon, but no one
would liearken to him, because he had sacrificed to idols.
Afterward falling sick, he sent for one of the presbyters to
come and absolve him in the night. 'Hu; presbyter himself
was sick, and could not go to him : but because tlie bishop
had given in charge, that absolution should be granted to
all, that were at the point of death, if they desired it, and
especially if they had earnestly desired it before, that they
might have hope and consolation in their last minutes,
when they were about to leave the world, t!ie presbyter
sent him a little portion of the eucharist by the boy that
came for him, bidding him to dip it in liquor, and put it into
his moulh. Which he did, and presently the man expired.
Upon which Dionysius himself makes this remark: that it
was apparent, that God preserved him, and continued hitn
so long in life, till he might be absolved, and have his sins
blotted out, and be owned by Christ for the many good
deeds he had done. I need make no other reflection upon
the story, since Dionysius tells us so plainly, that to minis-
ter the eucharist to men was to grant them absolution, and
' Coil. Cartli. iv. can.7S. Poeiiitenles, qui in infiniiitate viaticum eucha*
ristiae acceperint, non seciedunt absohilos sine uiaiiQs iuipositione, si super-
▼ixerint. * Euseb. lib. vi. cap. 44.
VOL. VI. 2 K
GIO TUli: ANTIQUITIES OF THE [bOOK. XIX.
remission of sins, and peace and favour with Christ, when
it was given in his name to worthy receivers. And thus it
was, that the ministers of Christ, as his ambassadors, were
always supposed to have the ministerial power to remit
sins, and reconcile penitents to Christ, by this sacramental
absolution.
Sect. 4 —Of Absolution declaratory and effective by the Administration of
the Word and Doctrine.
The third sort of absolution is that of the word and doc-
trine, which is partly declarative, and partly operative and
effective; and is of use both in penitential discipline, and
out of it. For the ministers of Christ, as his ambassadors,
have commission and authority to make a general and pub-
lic declaration of the terms of reconciliation and salvation
to men. And this is also ministerially operative in working
faith and repentance in men's souls, which are the terms of
salvation, whereby they obtain remission of sins. For
faith comes by hearing, and hearing by the word of God.
They have also power to declare to men in particular, that
they are in a salvable state, when upon the best human
judgment that they can make, they apprehend and discern
in them the necessary conditions of salvation. This is that
key of knowledge, whereby they open to men the gate of
heaven, and the way to eternal life, procuring for them the
remission of sins, and all the benefits of the Gospel-
covenant. It is this that introduces men at first into God's
favour, and ascertains them of it; and when they are fallen
from that state by wilful sin, it is a means, as a part of the
Church's penitential discipline, to reduce them back again
to their forfeited estate and primitive condition. Upon
which account hearing of the word of God, as we have
seen before, was always one station of penitents in the
Church, and was an initiatorvsort of reconcilement of them
to God, introductory to the great and last reconcilement at
the altar. And in this sense, the Ancients say, Christ gave
his disciples power to remit sins, " every man," says St.
CHAP. I. CHRISTIAN CHURCH. Oil
Jerom,' " is bound in the cords of his own sins: which
cords and bonds the apostles have power to loose, imitating
their master, who said unto them: ' Wliatsoever ye loose
upon earth, shall be loosed in heaven.' Now the Apostles
loose them by the word of God, and testimonies of Scrip-
ture, and exhortation unto virtue." In like manner St.
Ambrose says,* " Sins are remitted by the word of God,
whereof the Levite is the interpreter, and a sort of execu-
tor : and in this respect the Levite is the minister of re-
mission." " It is this key of the word," says Maximus
Taurinensis,^ " which opens the conscience to confession of
sins, and includes therein the g-race of the mystery of sal-
vation unto eternity. Thus ministers are said to be instru-
mental in reconciling- men to God, and procuring- them
remission of sins, because to them is committed the word of
reconciliation.
Sect. 6. — Of the precatory Absolution given by Imposition of Hands and
Prayer.
The fourth sort of absolution was that of intercession and
prayer, which was used as a concomitant of most other ab-
solutions. For baptism and the eucharist were either ad-
ministered in a precatory form, or at least prayers and inter-
cessions for pardon of sins always attended them : and so
they did also the great and solemn reconciliation of peni-
tents at the altar. And to prayer they commonly joined im-
position of hands, a rite and ceremony of benediction that
was used in all offices of religion. By this persons were at
first admitted to the state of catechumens, and by this
' Hieron. in Esai. xiv. 17. Funibus peccatorum suorum unusquisque
constringitur : quos funes atque \incula solvere possunt et Aposloli, inii-
tanles magislrum suum, qui els dixerat: Quaecunque solveritis super terrain,
erunt soluta etin ccelo. Solvunt auteiu eos Apustoli serraoiie Dei, et testi-
moniis scripturarum, et exhortatione virtutum. * Aiiibros.de Abel
et Cain, lib. ii. cap. 4. Remittuntur peccataper Dei verbum, cujus Leviles
interpres, el quidam executor. Levites igitur minister remissionis est.
* Maxim. Taurin. Horn. v. de Natali Petri et Fauli, p. 231. Clavis quae
et conscientiam ad confessionera peccati aperit, et gratiam ad seternitalem
mysterii salutaris includit.
2 R 2
«»12 IHE ANTIQUITIES OF THE [bOOK XIX.
trained up in their prennr^.tion for baptism. By this persons
were con finned in ihe close ofluiptisrn. By this ordinations
were g-iven to the clergy, tnu benedictions to all the people.
And Aibaspinaeus has observed,' that in the course of pub-
lic penance this ceremony uas at least four times used to-
wards all that went throiig-h it, before they were completely
reconciled and admitted to full communion. 1. They were
admitted to penance by imposition of hands. 2. They had
frequent imposition of hands whilst they were penitents in
the order of kneelers or prostrators. 3. They were admitted
to the lower degree of communion in prayers only without
the oblation by the same rite. 4. And lastly, im[)osition of
hands was one of the solemn rites of admitting them to the
more j>erfect degree of reconciliation at the altar. Now
though prayer and imposition of hands was not esteemed an
absolution in all these cases, yet in many of them it certainly
was. For Chrysostom speaking* of the several powers of
the sacerdotal office, and the methods of expiating sin, says,'
'* the priests do it not only by their doctrine and admonition,
but also by the assistance of their prayers: they have
power (;f remitting- sins not only when they reg-enerate us in
baptism, but afterwards. For St. James says, ' Is any sick
among you 1 let him call for the elders of the Church, and
let them pray over him, anointing him with oil in the name
of the Lord : and the prayer of faith shall save the sick,
and the Lord shall raise him U[> ; and if he have committed
sins, they shall he forgiven him.'" Pope Leo after the
same manner makes sacerdotal absolution to consist in
prayer. " The assistances of divine goodness," says he,'
" are so ordained, that the divine indulgence is not to be ob-
tained but by the supplications of the priests. And it is very
useful and necessary that the guilt of sin should be loosed
• Albasp. Observ. lib. ii. cap. 31. • Chrys.de Sacerdot. lib. iii.
cep. vi. toin.4. p. 35. ' Leo. Ep. Ixxxix. al. 91. ad Thcndor.
Sic divinjE bonitati^ preesidiis ordinalis, iil ii.duljjentia Dei, nisi snppli-
cationlbuR sacerdoiuin, neqiieat obiiiieri. Item, Multuin utile ac ne-
cessarium est, ut peccatoruiii reatusaule ultimum dieiu s&ct^rdutaii supplica-
tloDoolratur.
HAP. I.] CHRISTIAN CHL'RCH. 613
by iho siipplicaL'onf. of tl^.^ priests before the last day."
Here refiiissiuii of sins is plainly ascribefl to the eflicacy of
intercession and prayer. St. Austin says, the prayoic of
holy men in the Churcli procrre renrjission of sins bjL in
baptism and penance. For he arjiues thus : " if the prayers
of holv men in the Church procure remission of sins for
those, who are baptised not by tlic dove, but by tlie liavvk,
that is, not by good, but wicked men, if tliey come to that
sacrament in the peace of Catholic unity: why should not
the prayers of the same men loose the sins of those, who
return from heresy or schism to Catholic unity V he adds,'
a little after, that the prayers of the saints, that is, the mourn-
ino-s of the dove, jrrant remission of sins to those that are
baptised in the peace of the Church, whatever the person be
that administers baptism, u hether he be a covetous man or
an extortioner, because he only acts in the person of the
Church, by whose prayers remission of sins is obtained.
Therefore he exhorts the Donatists in another place,^ to re-
turn to the peace of the Church, where by the joint prayers
of two people u- 'icd they might obtain remission of sins.
" For the Lord had said, ' If two of you shall agree on earth
ns touching- any thing' that tliey shall a.sk, it shall be done
for them of mv Father which is in heaven.' If for two men,
how much more for two people? therefore let us jointly fall
down to supplicate the Lord : do you partake with us in
unity, and let us partake with you in s(nrow, that charity
mav cover the multitude of sins." Here ag-ain we see,
' .Aug. de Bapf. lib. iii. cap. !7. An forte per orationes sanctorum spiii-
taliiim, <&('. foiuni ttiain jicccala solvantur, qui iion per colunibam, seel per
accipitiem baptizantur, si ad illud sacraiiu ntiini cum pace catholicte uiiilatis
accedunt ? Quod si ita est, cur non ergo per eoruni orationes, cum quisque
ab hjeresi lat scliismate ad pacem catholicani venit, ejus peccaia solvuntur?
• Ibid. cap. xvili. Remissani tanieii peccatoruui non dabant (raptores et
a»ari), quae per orationes sanctorum, id est, per columbsE gemitus datur,
quicunque baptizet, si ad ejus parem pertinent iUi quibus datiir.
* Ibid. lib. ii. cap. 13. Mulluui valet ad propitianduni Deum fraterna
corcordia. " Si duobus ex vobis," ait Dominus, " convenerit in
terrfi, quicquid petieretis, fiet vobis." Si duobus honiinibus, quanlo magfs
duobu-i populis? Simul nos Domino iirosternamus, parlicipami.ii nobisciim
unitatem, participemur Tobiscumdolorera, et charitas cooperiat niultitudiimm
peccatfiruni.
614 THE ANTIQUITIKS OF THK [bOOK XIX.
remission of sins is ascribed to prayer. And so Cyprian un-
derstood it, when he thus addressed himself to those that
had lapsed into idolatry :> " we pray you to repent, that we
may be able to pray to God for you : we first turn our
prayers to you, that we may turn the same to God, and be-
seech Him to have compassion on you.*'- Eusebius after
Clemens Alexandrinus, notes this to have been the method
whereby St. John obtained pardon of Christ for the young'
man, who after a pious education in the Church was become
a most notorious robber upon the mountains: he interceded
with Christ by frequent prayers and fastings, and thereby
restored him, a great example of repentance to the Church.
And thus Tertuliian,^ whilst he was a Catholic, represents
Christ as joining" his intercession with the tears of the
Church, and thereby obtaining pardon for the penitent sin-
ner. The first Council of Orange appoints this to be the
way of reconciling heretics,* who desire to become Catholics
at the point of death: if the bishop was not at hand, the
presbyters were to consign them with chrism, and the bene-
diction: which benediction was the same as imposition of
hands and prayer. For as imposition of hands, by a figure,
always implies prayer with imposition of hands, as an out-
ward sig-n or ceremony accompanying prayer: so both these
together are what the Ancients always mean by a benedic-
tion. So that when the Council bids those who a rebaptised
in heresy, to be reconciled to the Church, or absolved by a
benediction, it is plain that prayer is understood aa the pro-
per means of their absolution. And it is the same thing' as
is ordered in other Canons,'* that heretics so baptised should
• Cypr. deLapsis, p. 136. Rooramus vo.s,utpro Tobis Deum rogare possi-
mus. Preces ifsas ad vos priiis vertimus, quibus Deum pro vobis. ut
misereatur, oramus. * Euseb. lib. iii. cap. 23.
Aad/i\iffi fiiv tvxa'iC i^'^^'''^H-^^°Q> ^'^- Ex Clem. Alex. Tract Quis dives saU
Y^tur ? ' Tertul. de Poenit. cap. x. /Eque ilH cum super te
lacrvmas agunt, Christus patitnr, Chrislus Patrem deprecatur. Facile im-
petratur semper, quod Filius postulat. * Con. Arausican.
can. ii. Haereticosiii mortis discrimine positos, si Calholiciesse desiderent,
si desit episcopus, a presbyteris cum chrismate et benedictione coiisignari
placet. * Con. Arelat. ii. can. 17. Bonosiacos, quos baptizari
CHAP. I.] CHRISTIAN CHURCH. H 1 . 1
be receivod into communion by chrism and imposition ol
handK, that is, unction to consig-n or confirm them with tho
spirit, which was wanting- in their heretical baptism; and
prayer with imposition of hands, to give them the peace and
communion of the Cliurch. Of whieli way of reconciling-
and absolving- penitent heretics, who were baptised out of
the Church, we shall liave occasion to discourse a little
more distinctly hereafter. Here I only add further the tes-
timony of St. Ambrose,' who says, the priests execute that
commission, which is given by Christ, John xx. 23. for remit-
ting- of sins, as intercessors by their prayers. They make
request, but God bestows the gift: the service is human,
but the bounty of forgiveness is from the power above. So
that if this be not the only way, whereby the ministers of
Christ are empowered to remit sins as some of the schoolmen
themselves have determined; yet it was certainly one way,
and that of g-eneral use in the primitive Church, as is clearly
evident from the present allegations, and will be made more
apparent in the sequel of this discourse.
Sbct. 6. — Of the judicial Absolution of Penitents by restoring them finally
to the Peace and full Communion cf the Church.
For prayer had a considerable sljare in the g-reatand final
absolution of penitents, when after they had performed their
canonical penance, they were solemnly reconciled and re-
ceived to the peace and perfect communion of the Church
at the altar. This was that famous way of remitting- sins,
and absolvino' sinners, of which we read so much in the
monuments of the fathers and councils, where they speak of
penitential discipline and absolution of sinners. This is,
what is generally meant by those ancient phrases, granting-
in Trinitate inanifestuin esto cum chrismate et inanus imposilione recipl
sufficit. Leo. Ep. xcii. ad Riisticum, cap. xvi. Permaiifts impositionem, iu-
vocata virtute Spirilus Sancli, quani ab ha'reticis accipere non potuerunf,
Catholicis copulandi sunt, Vid. SiriciiiiB, Ep. i. ad Himeiium, cap. i. In-
nocent. Ep. i. ad Victricium, cap. viii. Ep. xviii. ad Alexandr. cap. iii.
Ep. xxii. cap. 4. ' Amhros. df Spir. bancto.lib, iii. cap. xix.
Isti rogant, divinitas donat, &c.
616 THE ANT1QV1TIE8 OF THE [bOOK XIX-
them peace, restoring- them to communion, reconciling them
to the Church, loosing- their bonds, g-ranting- them pnrdon
and indulgence, and remitting- their sins, which »re but so
many different v^ays of expressing this one thing-,
viz. the solemn manner of absolvmg public penitents
and admitting- them to full communion, when their
canonical penance was regularly performed. And tins
compreliended all the other ways of absolution, ex-
cept that of baptismal absolution. For as I noted before,
no penitent that had once been reg-ularly baptised, was ever
admitted to communion by a second baptism : but they had
the absolution of prayer and imposition of hands, and the
absolution of the eucliarist, and the declaratory absolution
of the word and doctrine : for solemn prayer was made to
God for them, to procure their absolution from Him ; and
the solemn imposition of hands was given them, to sig-nify
their reconciliation ; and the eucharist was immediately
o-iven them, to restore them to the communion of the altar ;
and by the whole a declaration was made, that they were
now again in the society and peace of the church, and in
favour with God, as far as human understanding could
make any judgment of them. And upon this account some
ancient writers acknowledjre no other sorts of absolution but
only two ; the baptismal absolution, which is antecedent to
all penitential discipline ; and this of reconciling public
penitents to the communion of the altar; because this
latter comprehends all the other ways of absolution in the
several acts and ceremonies that were used in the conferring-
of it. Thus we have heard before Cyril of Alexandria ex-
pounding those words of the commission,' Jcjhn xx. 23.
" Whosesoever sins ye remit, they are remitted unto ihem."
" Spiritual men remit or retain sins two ways : for either
they call those to baptism, who are worthy of it upon the
account of a good life and approved faith ; or else they for-
bid and repel those from the divine gift, who are unwort^iy
of it. This is one way of remitting or retaining- sins : the
' Cyril, lib. xii. in Joan. xx. 23. Sno before, Reet. ?.
CHAP. I.] CHRISTIAN CHLKCll. 617
Other nay is, when they correct and punish the children of
the Church ofteiidin<i-, and pardon them again tipon their re-
pentance. Now hecaiise the ministers of Christ are in a
great measure the proper judges of men's qualilications both
for baptism and the eucharist, therefore a great power and
authority was allowed them in both these cases to examine
into men's behaviour and faith, and to judge vvho were tit
and who were not fit for the reception of them ; and accord-
ingly to minister, or not minister to them those mysteries,
which were the means of conveying remission of sins to the
worthy receiver; and so tliey were invested with a sort of
absolute judicial autiiority in the external administration of
tliese thmgs with respect to the outward communion of the
Church, though not with an absolute authority over the con-
science in respect to God, who alone can properly remit sin
and absolve the sinner. So they acted in a double capacity
in these matters; as judges in respect of men's visible qua-
lifications for the sacraments, and the proper time and season
of admitting them to the participation of them ; having-
power to shorten or prolong the time, as they judged of the
negligence or proficiency of the petitioning- parties: but
they acted only as intercessors to God for them, as to any
thing- pertaining directly and properly to the purification of
the conscience from sin, wh ch is not in man s power; but
only in a ministerial way, to do those things, which as means
of grace mav contribute towards obtaining a proper absolu-
tion and remission of sins from God, in wlitjse power only is
the absolute power of forgiving sins." This is the true
state of the matter, as to what concerns the several sorts of
absolution in use in the ancient Church, and particularly
that absolution, wliich was given to public penitents upon
their restoration to communion ; the manner and ceremonies
of which, with other incident circumstances, I shall now go
on a little further to explain.
018 THE ANT1QUIT1R8 OF THB [DOOX XIX.
CHAP. II.
Of the Customs, Rites, and Circumstances anciently oh~
served in the public Absolution of Siimers.
Sect. 1. — No Sinners anciently absolved, till they had performed their
regular Penance, except in Case of imminent Death.
When sinners had perfornned their reg-ular penance, and
carefully g-one throug-h the several stages of discipline ap-
pointed for the distinct orders of penitents in the Church,
they were then admitted to complete and perfect commu-
nion by the great and last reeonciliatory absolution. But
this was anciently granted to none before thev had orderly
completed the full term of their penance, unless it was in
case of imminent death, when their desperate case made it
reasonable to treat them a little more favourably, and grant
them an indulgence, which no consideration but that ex-
traordinary exigence could procure them. Indulgences
were not then bought and sold, as they were most shame-
fully in after ages: much less was bare confession sntRcient
to gain a man absolution, before he had done a formal and
serious penance to the satisfaction of the Church. The
Audian heretics indeed were very faulty in this matter, as
Theodoret informs us.* For they not only assumed to them-
selves a despotic authority, like the Donatists, to pardon
sins by their own power ; but also hastily granted remission
tipon a bare confession, without staying' for any fruits of
repentance, or prescribing any time for the public manifes-
tation of them, as the laws of the Church always required.
And there were some presbyters of the Church in Cvprian's
time, who for favour or filthy lucre were much inclined to
' Thpod. Ae Fabvilis Haerft. lib. iv. cap> IS.
CHAP. U.] CHKISTIAN CUIIROH. 619
admit lapsers, without any just penance done, in a very hasty
and preposterous monner to communion. And the martyrs,
by their artifices and frauds, were many times induced to in-
tercede to tlie bishops for such sinners, and ahnost demand
of them an immediate re-admission of the offenders. But
Cyprian very sharply remonstrates against this usurpation
and abuse in several letters written both to the clerg-y,' and
the martyrs, and the people themselves, wherein lie sets
forth both the irregularity and the danger of the practice ;
telling- the people particularly, that this indulgent facility in
the clergy to grant them such a preposterous peace, did not
really give them peace, but destroy it ; nor grant them true
communion, but only hinder their salvation. And St.
Ambrose makes a like reflection on the vanity of those, who
seek for such a sudden restoration : some men, says he,^ de-
sire to be admitted to penance only for this reason, that they
may presently receive the communion again. These men
do not so much desire to be absolved themselves, as to bind
the priest: for they retain their evil conscience; and there-
fore the priest sins greatly in admitting men, who give no
signs of repentance, to communion against the laws of the
Church. There was one case indeed in which men might
be reconciled privately, when they had not perfectly gone
through their whole course of penance ; which was, when
they lay sick and despaired of upon a death-bed : but that
was an extraordinary case, and the only exception that the
general rule admitted of; and was only a private and not a
solemn and public reconciliation : and even in that case, as
I have shewn before,^ the Canons provided, that if the sick
man recovered, he should perform the residue of his pe-
nance in the regular course appointed for public penitents,
before he was solemnly reconciled at the altar. So that the
custom of absolving sinners in health, before any penance is
' Cypr. Ep. X. al. xvi. ad Cler. p. 37. Ep. xi. al. xv. ad Martyr.
p. 34. It. de Lapsis, p. 128. * Ambros. de Poenit. lib. ii. cap. 9.
NonnuUi ideo poscunt pceniientiam, ut statim sibi reddi comiminioncin
velint. Hi non tam se solvere cupiunt, quam sacerdotein ligare, &c.
• Book xviii. chap. iv. sect. 3.
6-20 THE ANTIQUITIES OF THE [BOOK XIX-
done, must be determined to be not only a novelty, but a
great abuse and coiruption of the ancient discipline, wholly
owing- to the degeneracy of latter ages.
Sect. 2. — Penitents publicly reconciled in Sackcloth at the Altar.
A"? to the mnnncr of the ancient reconciliation, it was
usually thus performed. When a sinner had gone through the
course of his penance, he was brought to the altar in the same
habit that hehnd performed his penance in, thai is, in sack-
cloth, and there w ith solemn prayers and tears and imposition
of hands received to full communion. The circumstance of
sackcloth is mentioned by the first Council of Toledo ;' and
the place of reconciliation said to be the altar, not only by
that Council, but by Optatus,- who speaking to the Dona-
tists, and of their way of reconciling penitents, which was
the same as was used in the Catholic Church, tells them,
that at the same fime that they laid hands on sinners, and re-
mitted their sins, they turned to the altar, and said the Lord's
Prayer. And so St. Jerom says,^ the bi'^hop injoins the
people common prayer, when he reconciles any one, who
had been delivered over unto Satan, to or at the altar.
Sect. 3. — Sometimes more publicly before the Apsis or Reading Desk.
Yet in some cases, when the crime uas very public, and
more than ordinarily notorious and scandalous to all the
people, the criminal for example's sake received his abso-
lution in a more public place, before the Apsis, or reading-
desk, in the open body of the Church, and in the view of all
the people. This we learn from a Canon of the third Coun-
' Con. Tolet. i. can. 2. Publicam poenitenliam gerens subcilicio, divino
reconciliatus altario. * Optat. lib. ii. p. 57. Inter vicina momenta,
duin m'nus iiiiponitis, et delicta donatis, mox ad akare conversi, Ucminiciim
orationem prfetermittere non potestis. * llieron. Dial. cent.
Lucif. cap. ii. Sacerdos indictfi in popuhim oratione, altario recon-
ciliaf.
CHAP. II. J CHRISTIAN CHURCH. 021
cil of Carthag-e inserted into the Afric;in Code,' which says,
that if any penitent's crime be public, or viiloarly known to
all. so as to have irivon scandal to the whole Church, he
shall receive imposition of hands, that is, his absolution, he-
fore the Apsis. Learned men indeed are not exactly ag-reed
about the sense of this Canon: Du Fresne,' after Balsamon
and Zonaras, takes the Apsis for the Cliurch porch; and
Zonaras says, the Imposition of hands means the first impo-
sition that admitted them to penance: Aihnspina?us thinks*
ihe Apsis means the same as the Am bo or reading-desk;
where the penitents of tlie third class, called the substrators,
kneeled down daily to receive imposition of hands; and to
this he thinks the imposition of hands, mentioned in the fore-
said Canon, chiefly relates, but with this difference, that
whereas ordini'ry penitents received tlieir imposition of hands
a little more privately behind the desk, these more notorious
and scandalous crimina's, which the Canon speaks of, re-
ceived it publicly before the desk, in the face and view of
all the people. He also is of opinion, that their final abso-
lution Wf«s g-iven them in the same place, and that 1 take to
be the true meaning- of the imposition of hands in the Canon
now before us.
Sect. 4.— Absolution at the Altar always given in a supplicatory Form by
Imposition of Hands an.l Prayer.
However it is certain, whatever the sense of that Canon
be, that the great and final absolution of public penitents
was always performed in a supplicatory form by imposition
of hands and prayer. This is evident from the forementioned
testimonies of Optatus and St. Jerom. Cyprian speaks often
of it, as used both in public and private reconciliation. In
one place he says,* all penitents continued a just time in
• Con. Carth. iii. can. 32. Cujuscunque poenitentis publicum et vulga-
tissimum crimen fst, quod ur.ivf-rsnm ecclesiam comnioverit, ante apsitlt'm
manus eiimponatur. V'id. Cod. Afiic. can. xliii. * Da Fresne,
Commentar. in Pauluin Silentiarium, p. 636. ' .Albaspin. Not.
InCon. Carth. iii. can. 39. * Cypr. Kp. xii. al. xvii. ad Plebem,
022 THK ANTIQUITIES OF THK [BOOK XlX.
he exercise of penance; they made their confessions, and
their life was examined, and then they were received to
communion by imposition of hands given them by the bishop
and cleroy ; and there was no other way of being recon-
ciled but this. He repeats this again in other places,* and
both there and oiseivhere complains of some of his presby-
ters, who transgressed this rule,-' and admitted penitents to
the eucharist before this ceremony of admission was regu-
larly performed toward them. He also shews that private
reconciliation of penitents upon a death-bed was performed
after the same manner : they made their confession before a
presbyter or deacon,^ and if they were in danger of death, im-
position of hands was given them, that they might depart
hence in peace unto the Lord. Which shews, that he
speaks not only of the intermediate imposition of hands,
which was o-iven daily to the third order of penitents called
I'll
prostrators, whilst they were doing then- penance, but also
of the last imposition of hands, which was given to peni-
tents at their final reconciliation to the communion of the
Church. This some Canons therefore call the reconcilialory
imposition of hands, to distinguish it from all other kinds,
whether in penance or out of penance. The custom conti-
nued in Afric to give dying penitents reconciliation in this
manner bv imposition of hands in the time of St. Austin and
the fourth Council of Carthage. For so that Council ap-
pointed:* " if a man in sickness desires penance, let him
receive it; and if the signs of death be upon him, let him be
reconciled by imposition of hands, and let the eucharist be
p. S9. Poenitentia agiturjusto tempore, et exoinologfsis fit, inspecta vitfi
ejus qui agit poenitentiam ; iiec ad conimunicationem venire quis possit, nisi
prills illi ab episcopo et clero manus fuerit iniposita.
' t'ypr.Ep. X. al. xvi. p. 37. Per manus impositionem episcopiet cler 1
jus communicationis accij)iant, &c. * Viu. Cypr. de Lapsis, p. 136.
Ep. xii. al. xvii. p. 39. Kp. xi. al. xv. ad Martyras, p. 34.
* Cypr. Ep. xiii. al. xviii. p. 4U. hi presbyter repertus non fuerit et ur-
gere exitus cocperit, apud diaconum exomologesiii facere dtlicti sui posslnt ;
ut manu eis in poenitentia imposila, veniant ad Dominum cum pace. It.
Ep. xiv. al. xix. p. 41. Ep. xv. al. xx. p. 43. * Con. Carth. iv.
can. 76. Accipiat poenitentiam; et si continue creditur moriturus, recon-
cilietur permanQs Impositionem, et ori ejus infundatur eucharistia.
(HAP U.] CHRISITIAN CHURCH. H23
put into his mouth." But in other places the cucharist alone
was given to dying" penitents, as their viaticum, when they
liad not performed their whole penance in health ; and if
they happened to recover, then they were to linish their pe-
nance in their ordinary course; and when they had g-iven evi-
dence of a true repentance by the proper fruits of it. they
were then to be received publicly to communion by the re-
conciliatory imposition of hands, as in this case the first
Council of Orange appointed.' Now though there be no
mention made of prayer in this way of reconciliation, yet it
always is to be understood, according- to that of St. Austin,"
who says, that imposition of hands is nothing- else but prayer,
that is, a ceremony attending- all prayers of benediction:
which therefore both he,^ and other writers sometimes more
expressly call " orationem manus impositionis, the prayer
of imposition of hanch :" some forms of which both for pe-
nance and other benedictions may be seen in the author of
the Apostolical constitutions;* and particularly for reconci-
ling of penitents there is an order,* that the bishop shall re-
ceive them to communion with imposition of hands, and the
prayer of the whole Church for them; the form of this
prayer is in the end of St. James's liturgy, under the title of
Eux*l rov iXaa^xs, the prayer of propitiation, which is directed
to Christ in these words,^" 6 Lord Jesus Christ, Son of the
living God, Thou Shepherd and Lamb, thattakest away the
sins of the world, that forgavest the debt to the two debtors,
and grantedst remission of sins to the sinful woman, and
gavest to the sick of the palsy both a cure and pardon of
» Con. Arausican. i. can. 3. Quod si supervixt-rint, stout in ordine poeni-
tentium, nt osteiisis neccssariis pcenitenlia: fructibus, legitiniam communi-
onem cum reconciliatoria inanQs impositione recipiant. See in book xviii.
chap. iv. sect. 3. this Canon more fully recited. * Aug. de Bap.
lib. iii. cap. 16. Quid enim aliud est impnsitio manQs, nisi oratio super
hominem. * Aug de Peccator. Meritis, lib. ii.cap. 26. Con.
Milevitan. ii. can. 1*2. Clem. Alex. Paidagog. lib. iii. cap. 11. Euseb.
Hist. lib. i. cap. 13. lib. vii. cap. 2. Constit. Apost. lib. viii. cap. 9.
XupoQtaia i, Biixn. * Constit. lib. viii. cap. 9. et39.
* Ibid. lib. ii. cap. 19. * Liturg. Jacobi in Bibl. Patr. Gr. Lat.
torn. ii. p. xxiii.
C24 THE ANTIQUITIES OK TMK [bOOK XIX.
sins; remit, blot out, and pardon onr sins, both voluntary
and invohin ary, whatever we have done vvittinji^ly or unwit-
tino-ly by transg-ression and disobedience, which thy Spirit
knoweth belter than we ourselves. And whereinsoever thy
servants have erred from thy commnndmcnts in word or
deed, as men carrying- flesh about them, and hving- in the
world, or seduced by the instio-ations of Satan; or whatever
curse or peculiar avathema they are fallen under, I pray,
and beseech thy ineffable goodness to absolve them with thy
word, and remit their curse and anathema according to thy
mercy. O Lord and Master, hear my prayer for thy servants;
Thou that forgettest injuries, overlook all their failings, par-
don their offences both voluntary and involuntary, and de-
liver them from eternal punishment. For Thou art He that
hast commanded us, saying, ' Whatsoever ye shall bind on
earth, shall be bound in heaven ; and whatsoever ye shall
loose on earth, shall be loosed in heaven :' because Thou art
our God, the God that canst have mercy, and save and forgive
sins; and to Thee with the Eternal Father, and the quickening-
Spirit, belongs glory now and for ever, world without end.
All
men.
The likeformsof absolution by prayer arc still in use in the
Greek Church, as maybe seen in Guar's Euchologium,' and
Dr. Smith's Account of the present State of that Church.'
Bishop Usher shews further out of Alcuin,'and the old Ordo
Romanus, and some of the Roman Ceremonials, and Ponti-
ficals, that the same form was used for many ages in the
Latin Church also. And this is confirmed by the old
Latin Missal published by lllyricut* and Cardinal Bona,*
where the absolution, under the title o( Itidulyentia, runs in
this form: " He that forgave the sinful woman all her sins
' Goat. Eiicholoj^. p. (HiG. * Smith's .\ccount, p. 181.
■ Usher. Answ. to the (hallenge, p. 68. * Bona, Rer. I.iturg.
in Appendice, p. 763. Qui inulieri pfccatrici omnia iirccata diniisit lacry-
manii, et laironi atl iinain confessioneni claustra ajieruit paradisi, ij'se vos
rccliMtiplionis sua; partici|)rs ah nnuii %inculo pi-ccatoriini ahsolvat, et mem-
bra arniuateiius dfbililata mcdieiiifi miserico.disK sanata, corpori sane ae ec-
clt'six redeunte gratiu restituat, atque in perpctuum solidata custodiat. Qui
vivltet regnat.
CHAP, ir.] CHRISTIAN CHURCH. 02r>
for which she shed tears, and opened the g-atc of paradise to
the (hief upon a single confession, make you partakers of his
redemption, and absolve you from all the bond of your sins,
and heal those infirm members by the medicine of his mercy,
and restore them to the body of his holy Church by his
grace, and keep them whole and sound for ever."
Other forms of absolution by prayer might be added, but
these are abundantly sufficient to shew, that anciently the
o-reat and formal absolution of public penitents at the altar
was usually performed by imposition of hands and prayer :
the one as the means procuring, and the other as the rite de-
clarinii" their reconciliation to God and his Church.
Sect. 5.— Absolution in the indicative Form, Ego te absolvo, not used till ,
the twelfth Century.
If it be enquired, when the use of the indicative form of
absolution first began to bo used in the Church, that is, the
form, I absolve thee, instead of the deprecatory form, Christ
absolve thee ; Morinus has fully proved,^ that there was no
use of it till the twelfth or thirteenth century, not long before
the time of Thomas Aquinas, who was one of the first that
wrote in defence of it. And our learned Bishop Usher has^
clearly proved the novelty of it from Aquinas himself. For
he says,^ there was a learned man in his time, who found
fault with the indicative form of absolution then used by
the priest: " I absolve thee from all thy sins 5" and would
have it to be delivered only by way of deprecation ;
alleging, that this was not only the opinion of Gulielmus
Altissiodorensis, Gulielmus Parisiensis, and Hugo Cardina-
lis ; but also that thirty years were scarce passed, since all
did use this form only: " ahsolutionem et remissionem tri-
huat tibiOmnipotens Deus, Almig/itij God give thee remis-
sion and forgiveness."' This points out the time of the
change so precisely, that learned men,* who allow the form
' Morin. dePcenitent. lib. viii. cap. 8, 9, &c. ' Usher.
Answ. to the Jesuit's Challenge, p. 89. " Aquin. Opusc. xxii.
de Forma Absolution, cap. v. * See Bp. Fell's Not. in Cypr.
de Lapsis, p. 130. Discourse of the penitential Discipline of the Prim.
Church, chap. iii. sect. 4. Lond. 1G14.
VOL. VI. 2 s
62tt THE ANTIQUITIES OK THK [BOOK XIX.
in some sense proper to be used, make no scruple to declare
their opinion of the novelty of it upon the strength of the
foregoing considerations.
Sect. 6. — Tn what Sense that Form may be allowed.
If it be asked further, in what sense the indicative form
of absolution may be allowed 1 it is answered, that it may
be allowed several ways.
1. As an act of jurisdiction, by those, who are entrusted
with the power of receiving public penitents into communion,
and loosing the bonds of excommunication, wherewith they
were judicially and formally tied by the censure of the Church
before. In thissenseit is no impropriety for him, who has the
key of jurisdiction, and power of relaxing, as well as inflicting
Church-censures, to use the indicative form, I absolve thee.
For this is only an external act of ecclesiastical power, that
respects only the outward and visible communion, but does
nor directly or immediately affect the conscience. Therefore
some learned persons not only allow the use of it in this
sense, but think it was actually so used by some in the pri-
mitive Church.^ As by Zephyrinus Bishop of Rome, whom
Tertullian, after he was become a Montanist, upbraids,^ as
saying, I forgive the sins of fornication and adultery to those
that do penance for them ; meaning, that he admitted them
again to the peace and communion of the Church, which
the Montanists and the Novatians after them would by no
means allow of.
2. This indicative form, I absolve thee, may be interpreted
to mean no more than the declaration of God's will to a pe-
nitent sinner, that upon the best judgment the priest can
make of his repentance, he esteems him absolved before
' Fell in Cypr. de Lapsis, p. 13(i. Discourse of the penitential Disci-
pline of the Prim. Church, chap. iii. sect. 4. Lond. 1(514.
• Tertul. de Pu( icit. cap. i. Pontil'ex scilicet .Alaxiinus, cpi<copus episco-
poruin, dicit, Ego et mcechia; et fornicationis delictu pcenitentiS functis di-
mitto.
CHAP. II.] CHRISTIAN CHURCH. 627
God, and according-ly pronounces and declares him
absolved : As St. Jerom observes,' the priests under the old
law were said to cleanse a leper or pollute him ; not that
they were the authors of his polUition, but that they de-
clared him to be polluted, who before seemed to many to
have been clean. And in another place he makes a more
close remark concerning" this matter,* whilst he reflects upon
some bishops and presbyters in his own time, who, not un-
derstanding I he true meaning- of the commission to remit
sins, assumed to themselves something- of a pharisaical
pride and loftiness, so as to imagine they had power either
to condemn the innocent, or absolve the guilty: when yet
before God it is not the sentence of the priests, but the life
of the criminals that is enquired into. " We read in Levi-
ticus concerning the lepers, where they are commanded to
shew themselves to the priests, and if they had the leprosy,
they were then to be polluted or made unclean by the priest:
not that the priests made them leprous or unclean, but be-
cause they had the power of judging who were leprous or
not leprous, and might discern who were clean or unclean.
As therefore the priest makes the leper clean or unclean, so
the bishop or presbyter here binds or looses, not properly
making the guilty or the guiltless ; butaccording to the tenor
of his office, when he hears the distinction of sins, he knows
who is to be bound, and who to be loosed. Upon this also the
* Hieron. lib. vii. in Esai xxiii. De sacerdotibus in Levitico legimus,
contaminatione contaminabit eum sacerdos, non quod contaminationis autor
sit, sed quod ostendiiteum contaniinatum, qui prius mundus pUuimus vide-
batur. ^ Hieron. in 3Iat. xvi. loin. 9. p. 4.9. Istum locum epis-
copi et presbyterinon inteUigentes, aliquid sibi de Pharisaeorum supercilio
assumunt. ut vel damnent innocentes, vel solvere se noxios arbitrenlur:
cum aj)ud Deum non sententia sacerdotum, sed reorum vita quceratur.
Legimus in Levitico de leprosis, ubi jubentur, ut ostendant se sacerdotibus,
et si lepram habuerint, tunc a sacerdoteimmundi fiant : non quod sacerdotes
leprosos faciant ct immundos, sed quod babeant notitiam leprosi et non lepro-
si, et possint discernere qui mundus, quive immundus sit. Quomodo ergo
ibi leprosiim sacerdos nmndum vel imniundum facit, sic et bic alligat vel
solvit episcopus et presbyter, non eos, qui insontes sunt vel noxii [faciens:]
sed pro officio suo, cum peccatonim audierit varietates, scit qui ligandus
sit, quive solvcndus. I have supplied the word, faciens, which the sense
seems plainly to require.
'i S2>
G28 ini!: antiquitiks ok tiik [hook xix
master of the sentences^ following- St. Jerom, observes,^ that
the priests of the gospel have that right and office, which
the legal priests had of old under the law in curing the
lepers. These therefore forgive sins or retain them, whilst
they shew and declare, that they are forgiven or retained by
God. For the priests put the name of the Lord upon the
children of Israel, but it was He Himself that blessed them,
as it is read in numbers , vi. 27.
3. The indicative form, I absolve thee, may be used in
the performance of any external act of the ministry, which
is used as a means to obtain remission of sins of God : as
in the administration of baptism or the eucharist. The
priest may as well say, T absolve thee, as I baptise thee :
for baptism is an absolution, as we have seen before : but
then the priest's part in it is only to administer the external
form ; but it is God that gives the internal grace, and spi-
ritually baptises with remission of sins. Yet forasmuch as
the priest has power to minister the external form, he may
say, 1 baptise thee, or I wash thee with water: which wash-
ing is the outward means appointed by God to convey to us
remission of sins, and the internal washing of our souls in
the blood of Christ by the power of the Holy Ghost. So
likewise in the administration of the eucharist, a priest might
say, I give thee the body of Christ, or I absolve thee by the
body of Christ; meanino- that he ministered to him the out-
ward element of bread, which is the sacramental body of
Christ, appointed to be used as a means to convey the real
body of Christ and all his benefits, whereof absolution or
remission of sins is one, to the worthy receiver. Our Church
has not appointed the indicative form of absolution to be
used in all these senses, but only once in the office of the
sick, and that may reasonably be interpreted, according to the
account g-iven out of St. Jerom, a declaration of the sinner's
pardon, upon the apparent evidences of a sincere repentance,
and tlie best judgment the minister can make of his condi-
tion ; beyond which none can go but the searcher of hearts,
' Lombaiil. Scnfcnt. lib. iv. dist. 18. p. 334.
CHAl'. II.] CHRISTIAN CIIUIICH.
629
to whom alone b('Ion<;s the iiilalliblo and irrfVorsll»le soii-
tencc of absolution. But oi' this only by the way ; I now re-
turn (o tJK' practice of the primitive Church :
Sect. 7.— Wl\y Clirisin or Unction was? soini'tiines added to ImposUidii of
Hiiiuls in tho Reconciliation of certain Heretics and Schismatics to the
Church.
Where we may observe, that besides the common way ot
reconciling- ordinary penitents to the Church, there was
something- often very peculiar in the reconciliation of here-
tics and schismatics. For they were considered under a
threefold denomination or distinction: either they were such
as had been baptised in the Church, and afterward fell away
from it : or secondly they were such as were baptised in
heresy or schism, but with the usual form of baptism: or
thirdly they were such as had been baptised by heretics or
schismatics by such a corrupted form, as destroyed the true
nature and essence of the thnig itself, and made it altogether
a null and void baptism. The first sort were reconciled
much after the same manner as other penitents, only making-
a confession and abjuration of their errors. But the second
sort, because they wanted the true effect of baptism, that is,
the grace or unction of the Holy Spirit, which they could
not have out of the Church in heresy or schism, w^ere
therefore reconciled not only with imposition of hands, but
with the holy unction or chrism added to it, to give them
confirmation, and denote their reception of the Holy Spirit
of peace upon their rcturnmg to the peace and unity of the
Church. And the third sort, because they wanted true bap-
tism, were received after the manner of heathens, with a
new baptism, because their first pretended baptism was al-
together null and void. This was the distinction made be-
tween those several sorts of heretics, and the true grounds
and reasons of the different observations in the Churcirs
discipline in their reconciliation and reception. The two
latter sorts of heretics were scarce looked upon as properly
penitents in the Church, but were rather received sub
imagine per nit cnti(C, under i he image and resemblance of
630 THE ANTIQUITIES OF THE [BOOK XIX.
the penance that was usually performed by those, who had
once been members of the Church, as Pope Innocent in-
forms us in one of his epistles; where, speaking" of some, who
had been baptised by the Arians and other sects, who re-
tained the due form of baptism, he says,' " they received
them under the image of penance with imposition of hands
and sanctification of the Holy Spirit, to perfect their baptism,
which though given in the name of the Father, Son, and
Holy Ghost, yet wanted the grace of the Holy Spirit, which
they could not have but upon their return to the peace and
unity of the Catholic Church. Therefore then they received
them with imposition of hands, and the unction of chrism, if
they had not been anointed before." This he repeats in
several other places.^ And the same is confirmed by the tes-
timonies of Siricius,^ and Leo,* and St. Jerom,* and Genna-
dius,° and the author under the name of Justin Martyr,' and
the Councils of Orange® and Epone:^ all which, because I
have had occasion more fully to represent them in another
work,'" I only just mention in this place, with this single re-
mark, that the Council of Orange, and that of Epone, and
the author under the name of Justin, expressly mention the
ceremony of chrism, or anointing- with holy oil; which is
also appointed by the Council of Laodicea," and the general
Council of Constantinople,'^ and the second Council of
Aries," and the Council of Trullo,'* to be used with imposi-
• Innoc. Ep. xviii. ad Alexandrum, cap. 3. Eorum laicos conversos ad
Dominum, sub imagine pcenitentife ac Sancti Spiritfls sanctificatione per
manQs impositionem suscipimus, &c. ' Ibid. i. ad Victriciura,
cap. viii. Ep. xxii. ad Episcopos Macedon. cap. 4, et 5.
8 Siric. Ep. i. ad Hinierium Tarracon. cap. i. * Leo. Ep. xxxvii.
ad Leonem Raven, cap. ii. Ep. xcii. ad Rusticum Narbon.cap. xvi.
» Ilieron. Dial. cont. Lucifer, caj). viii. * Gcnnad. de Eccles.
Dogm. cap. lii. It. de Scriptor. Eccles. cap. xxvii. 'Justin.
Quaest. xiv. ad Orthodox. » Con. Arausic. i. can. 2. IIsErelicos
in mortis discrimine cum chrismate etbenedictione consignari placet.
» Con. Epaunen. can. xvi. H;Brcticis in lecto decumbenlibus, presby(ero
chrismate subvenire perniittimus. '° Scholast. Hist, of Bapt.
part i. chap. i. sect. 20, and 21. " Con. Laodic. can. vii.
'« Con. Constant, i. can. vii. " Con. Atflat. ii.can. 17.
'♦ Con. Trull, can. cxvi.
CHAP. II.] CHRISTIAN CHURCH. G31
tion of hands in tlie reconciliation of such heretics as liad
been baptised in any liercsy or schism with the true form of
baptism, in the name of the Father, Son, and Holy Ghost ;
such are required only to renounce their errors, and learn
the true faith, and make profession of it ; and then tliev were
to be reconciled with imposition (jf hands and chrism, which
was peculiar to this sort of penitents, who liad never before
been united truly to the Catholic Church. They seem not
to have gone through all the stages of penance, as other
penitents did in the Church; but to have been reconciled in
a more compendious way, more suital)le to their state and
condition, as strangers and foreigners now just entering
within the pale of the Church. For which reason Pope
Innocent styles their short penance only an image, or famt
resemblance of that penance, which held other penitents
often very long under the discipline of the Church.
Sect. 6. — Why sonu' Heretics could be reconciled no other Way, but by a
new Baptism.
As to others, who had been baptised by such heretics as
had either wholly rejected, or greatly corrupted the true form
of baptism, there was a very difl'erent way of receiving and
reconciling them to the communion of the Church. For
they could be admitted no other way, but as heathens, by
the door of baptism ; seeing their former pretended baptism
wasnotonly defective in some remoter circumstances, but in
the very form and essence of it, and therefore reputed abso-
lately null and void, and necessary to be repeated, in order to
make them members of the Church, Upon this account the
Council of Nice ordered the Samosatenians or Paulianists,*
upon their return to the Catholic Church, to be baptised.
The Council of Laodicea made a like order for the reconci-
liation of the Montanists or Cataphrygians.^ The first
Council of Constantinople decreed the same for the Mon-
tanists, Eunomians and Sabellians.^ The second Council of
' Con.Nic.can. xix. ' Con. Laodic. can. viii.
* Con. Constant, can. \ii.
632 THE ANTIQUITIES OF THE [BOOK XIX.
Aries adds the Photinlans ;' and the Council of Trullo the
Manichees, Valentinians, Marcionites, and all others of the
like nature :^ that is, all such as had not been truly baptised
with due form of baptism. There was no other way of re-
conciling such to the Catholic Church, but by instructing and
training them up to the knowledge of the true faith, first
as catechumens, and then giving them the absolution of
baptism, which in this case was allowed to them, as having
never received any true baptism before. These were the
several ways of reconciling penitent heretics according to
the variety of their circumstances, and the different state
and condition they were in, when they desired to be re-
united to the body of the Church.
Sect. 9.— What Conditions were required in the Reconciliation of those,
who fell from the Church into Heresy or Schism.
As for those who were baptised in the Church, and after-
w^ard fell away into any heresy or schism, we fiind no other
way of reconciUng them, but the common and ordinary
way of reconciling all other penitents, by imposition of
hands and prayer. For, as I have noted before, if the first
baptism was valid, a second baptism was never allowed to
be given to any penitent by way of absolution. Yet some
greater hardships and severer conditions were often imposed
upon such apostates and deserters, before they could be
admitted to the peace of the Church again. If they were
riner-leaders and broachers of the heresy, who drew others
into their error and faction : it was commonly required,
that they should bring back the multitude, whom they had
deceived, before they obtained a perfect absohition. Thus,
Tertullian observes of Marcion,^ that he was promised to
be absolved only upon this condition, that he should reduce
those back again to the Church, whom he had led away by
' Con. Arelat. ii. can. 16. * Con. Trull, can. xcvi.
' Tertul. de Praescript. cap. xxx. Ita pacem recepturus, si ca^teros quoque,
quos perdition! erudissel, ecelesiiP restituerct, morle pracvcntus esl.
CMAI'. 11.] CHRISTIAN CIIUKCH. G33
his doctrine into perdition : and he undertook to do this, but
deatli prevented him, Cyprian makes a like remark in the
case of Trophimus, one of the three bishops, who were con-
cerned in giving- Novatian an unlawful ordination, whereby
they set him up as anti-bishop against Cornelius, and raised
a flaming schism in Rome : he says,^ his supplication for
re-admission was accepted, because by his humility and
satisfaction he brought back the people, whom he had
drawn into the schism; and it was not so much Trophimus,
that was admitted again into the Church, as a great number of
the brethren, who had gone aside with hitn, and would not
have returned without their leader. And yet he was not
allowed to retain his episcopal office, but only to communi-
cate iu the quality of a layman. Sometimes it was required
of them, as a condition of their absolution, that they should
make discovery of the remainders of their faction. St.
Austin gives us an instance of this in his own treatment of
one Victorinus a subdeacon, who fled over to the sect of the
Manichees: when he returned again, and desired to find a
place for repentance, St. Austin refused to admit him, unless
he would give information of the rest of his party. Some-
times they were required to anathematize their errors, and
abjure them in writing. The Council of Nice exacted this
condition of the Novatians f and tlie Council of Gangra^
of the Eustathians ; and the second Council of Aries of the
Novatians;* and the African Councils of the Donatists.* The
Council of Laodicea insists upon the same from the Nova-
tians, Photinians, and Quartadecimans.*' And the general
Council ol Constantinople exacts it of the Macedonians,''
' Cypr, Ej). lii. al. Iv. ad Antonian. p. 105. Fiaternitatem, quam nuper
abstraxerat cum plenfi humilitate et satisfactione revocante Tiophinio, au-
dits sunt ejus preces ; et in ecclesiani Domini non tjim Trophimus, quam
maxiraus fratrum numerus, qui cum Tropiiinio fuerat, adniissus ost ; qui
omnes regressuri ad ccclesiam non esscnt, nisi cum Tropliimo, comitante
venissent sic tamen admissus est Tro])himus, ut hiicus coinmunici't,
lion quasi locum sacci;lotis usurpet.
* Con. Nic. can. viii. * Con. Gangren. in Pioa-ni.
* Con. Arclat. ii. can. 9. * Cod. Alric. can. Ivli.
•^ Con. Laodic. can. 7. ' Con. Const, i. can. 7.
634 THE ANTIQUITIES OF THE [bOOK XIX.
Sabbatians, Arians, Novatians, Qiiartadecimans. And some-
times they were required not only to anathematise error, and
subscribe the truth, but to take an oath for g-reater confir-
mation: As Socrates says,' Constantine obhged Arius to do,
though he did it fraudulently and like an impostor. This
was the precaution, which the Church used particularly in
the case of heretical apostates, to be ascertained of their
sincerity in making* recantations, before she would receive
them into her communion again, or grant them absolution.
Sect. 10.— Of the Time of Absolution.
There is one circumstance more to be noted under this
head, which is the ordinary time of absolution: this seems
to have been fixed, in the ordinary course of discipline, to
the day of our Saviour's passion, or rather the day, on which
he was betrayed. For so St. Ambrose says expressly,' that
on the day that our Lord gave himself for us, it was usual
in the Church to relax men's penance, or grant them absolu-
tion. In the Roman Church, in the time of Pope Innocent,'
the custom was the same, to absolve penitents only upon
Thursday before Easter, except some sickness intervened,
and the penitent's life was despaired of: for then he might
be reconciled at any time, when necessity required, rather
than leave the world without the benefit of communion. It
was at or about this time also, that the emperors, perhaps
in imitation of this custom of the Church, were wont to send
forth their civil absolutions or indulgences, as they called
them, whereby at the paschal festival they granted pardon
to all criminals, who lay bound in prison for their faults, ex-
cept some that were of a more malignant and unpardonable
nature. This practice was first begun by Valentinian, and
' Socrat. lib. i. cap. 3S. * Ambros. Ep.xxx'ii. ad Marcellin.
Sororem. Erat dies, quo Dominus sese pro nobis tradidit, quo in »'cclesiS
poenitentia rclaxatur. ' Innoc. Ep. i. ad Decent, cap. vii.
Poenitentibus si nulla interveniat aegritudo, quintfi feriS ante Pascha remit-
tendum Romanie ecclesiaa coniuetiido demonslrat. &c. Vid. Hieron. Epi-
taph. Fabiola?.
CHAP, II.] CHRISTIAN CHURCH. 635
continued by Thodosius and the succeeding- Emperors; of
which there is a whole title in the Theodosian Code,* to
mention no other writers at present that speak of it. The
monks, who petitioned in behalf of Eiityches in the second
Council of Ephesns,^ plainly refer to both customs, the
sacred and the civil. For upon this day, say they, meaning-
the paschal solemnity, the holy fathers relax the punishment
of many offenders: and the emperors loose the bonds of
those that are in chains for their transg-ressions. So that
this was the chief time of discharging both civil an J eccle-
siastical criminals, and in regard to each of them the dis-
charge was styled (according- to the nature of the thing-,
either in a civil, or ecclesiastical sense) an absolution or
indulo-ence.
Sect. 11. — How the Church absolved some Penitents, or received them
into Communion after Death.
We have hitherto considered the manner and circum-
stances of absolution, as given to all sorts of penitents
whilst they were living. But besides this we are to take
notice of another way of absolving penitents, and receiving
men into communion even alter death. For it sometimes
happened, that true penitents, and very good men, by acci-
dent died under the censure of excommunication unrelaxed,
and so out of the external visible communion of the Church.
Which might happen in two cases, 1. When penitents
chanced to die suddenly, whilst tliey were diligently per-
forming their penance; or were in a journey, or at sea,
where they had no minister to give them a formal reconci-
liation or absolution. 2. When innocent men were overborne
by some great and prevalent faction, and unjustly excom-
municated, and never received into the external commun-
ion of the Church by reason of the power that prevailed
• Cod. Theod. lib. ix. tit. 38. de Indulgentiis Criminum. leg. 3, 4, &c.
• Acta Synod. Ephes. in Act. i. Con. Chalcedon. Con. torn. iv. p. 277. Vid.
Action. X. ibid. p. 641. Another such instance out of the Council of
Berytus.
036 THE ANTIQUITIES OF THE [BOOK X'.X.
ao-ainst them. For both these cases the Church provided a
remedy by usmg" some ceremony to admit them mto com-
munion, or rather to acknowledge them to be in communion
after death. For penitents, who died suddenly w hilst they
were carefully doing their penance, it was provided, that
notwithstanding- this accident, they should be treated as per-
sons dying- in the communion of the Church, though they
wanted a formal reconciliation. To this purpose the fourth
Council of Carthage made a decree,^ that if any penitents,
who were diligently observing the rules of penance, hap-
pened to die by any sudden accident, whilst they were on a
journey or at sea, where no assistance could be given
them, their memorials notwithstanding should be recom-
mended both in the prayers and the oblations of the Church.
And the second Council of Vaison has an order of the same
nature, which is a little more particular :^ " If any of those,
who have submitted to the laws of penance, and in pursu-
ance thereof lead a good life in all satisfactory compunc-
tion, shall happen to be prevented by sudden death in the
country or in a journey, their oblations shall be received,
and their funeral obsequies and memorials be performed
after the manner and custom of the Church : because it were
unreasonable to exclude the commemorations of those
out of the sacred service, to which service they were labour-
injT with all diligence and fidelitv to attain: and to whom
the bishop (though they chanced to be intercepted from re-
ceiving the viaticum of the eucharist) \\ould perhaps not
have thought it improper to have granted the most perfect
* Con. Carth. iv. can. 79. Poenitentes, qui attente leges poenitentise ex-
equnntur, si casu in itincre vel in inari morlui fiu-rint, ubi eis subveniri non
possit, meinoriacorum et orationibus et oblationibus commondetur.
* Con. Valeiise. ii. can. 2. lloruni, qui paMiiti-iitid aceeptfi, in bonae vitse
cursu satisfactorifi compiinctione viveiites, sine coinunuiione inopinato non-
iiunquam transitu in agris aut itineribus piffiveniantur, oblationeni recij)ien-
dam, et eoruni funera ac deinceps inenioriani ecclesiaslico.afrecta prosequen-
dani: quia nefas est eoruni coniinemorationes cxcludi a salutailbus sacris,
qui ad eadem sacra fideli afl'ectu contendentes abstjiii* sacianiento-
rum vialico intercipiuntur, quibus fortasse nee sacerdos absolnlissimam
reconciliationera denegaiidain putflsset.
CHAP, II.] CIIKISTIAN CHUUCII. (|.J7
reconciliation. The practice of the Roman Church indeed
was otherwise in the time of Pope Leo, as appears from
some of his Epistles :' but their practice was ahnost sin<;u-
lar: for the general current was ag-aiiist them, inclining- to
the more favourable side in behalf of such penitents as
died suddenly without reconciliation. Which is observed
by the Fathers in the eleventh Council of Toledo, who
thereupon determine,- that though there were dilferent rules
about this matter, yet it was more proper to follow the ma-
jority, which decreed on the favourable side in behalf of
such penitents, that their memorial should be recommended
in the Church, and that the presbyters should receive their
oblations. As to the other sort of persons, who were un-
justly excommunicated by the power of some prevailing
faction, the way of restoring- them to the external commu-
nion of the Church after death, was by inserting their names
into the diptychs of the Church (as Theodoret tells us it^
Avas done by Atticus in the case of Chrysostom) which was
enough to restore them after death to the communion and
fellowship of the faithful. And so T have done with the
circumstances and ceremonies observed in the ancient man-
ner of absolution.
> Leo. Ep. xc. al 92. ad Rustic, cap. vi. Ep. 89. ad Theodor.
* Con. Tolit. xi. can. 12. De his autem qui accepta poenitentia, antequam
reconciliarentur, ab hac vita recesseiint, quanquam diversitas praeceptorum
de hoc capitulo habeatur: illorum tamen nobis sententia placuit, qui multi-
plici numero de hujusmodi humaniiis decreverunt, ut et menioria taliuni in
ecclesiis coinniendetur, et oblatio pro eorum delicto ii presbyteris recipiatur.
» Theod. lib. v. cap. 34. Vid. Con, C. Pol. sub Menna, Act. 5. in the case
of Leo, Eupheraius, and others.
638 THE ANTIQUITIES OF THE [bOOK XIX.
CHAP. III.
Of the Minister of Ecclesiastical Discipline, and particu-
larly of the Minister of Absolution.
Sect. 1. — All the Power of Discipline primarily lodged in the Hands
of the Bishop.
There remains but one thing- more to be examined in this
matter, relating- to the exercise of discipline in the practice
of the Church ; and that is, by what hands it was managed?
who ordinarily had the power of the spiritual sword? And
who particularly was the proper minister of absolution?
That a. 1 the power of discipline was primarily lodged in the
hands of the bishop, as all other offices of the Church, is a
matter uncontested, and evident from the whole foregoing-
history and account of the practice of the Church. Kor the
canons always speak of the bishop, at least in conjunction
with his ecclesiastical senate, his presbytery, as cutting- off
ofl'enders from the Church, and injposing penance upon
them; and then ag-ain examining their proficiency, and either
lengthening their penance, or moderating it by his indul-
gence ; and finally admitting them to the communion of the
Church by absolution.
Sect. 2. — This in many Cases committed to Presbyters either by a general
or particular Commission.
And this, so far as the bishop could manage it, might be
retained solely to himself, and exercised at his own discre-
tion. But because the necessities of the Church required
in many cases, that part of this burden should devolve upon
others, and the bishop was not able personally to dischariie
the whole of it to all that needed: therefore presbyters, as
his proper assistants, were taken in to be sharers and fellov\-
labourers with him. They had a general commission to
CHAP. HI.] CHRISTIAN CHURCH. 639
grant the great indulg-ence or absolution of baptism, and
that of the cucharist, and the word and doctrine to all that
needed: and though they were more restrained in the ex-
ercise of public discipline, and the final reconciliation of
public penitents by imposition of hands and prayer ; vet the
intermediate imposition of hands upon the penitents in their
daily exercise was often committed to them: and by the
bishop's leave they might g-ive the final reconciliation to
public penitents, either openly in the Church, or privately on
a sickbed, when necessity and the fear of imminent death
required a speedier absolution. This is evident from the
very canons, which restrain the power of presbyters in re-
conciling- public penitents, and reserve it solely to the
bishop: they still admit of these limitations and exceptions.
The second Council of Carthag-e has two canons, which
thus divide the matter between them. The first says,' a
presbyter shall not reconcile any penitent in the public ser-
vice. But the other immediately adds,^ that if any one be in
danger of death, and desires to be reconciled to the altar, if
the bishop be absent, the presbyter shall consult the bishop,
and so reconcile him at his command. And so the third
Council of Carthage determined,^ that a presbyter should not
reconcile a penitent without consulting the bishop, unle'^s
the bishop was absent and necessity compelled him. The
Council of Orange made a like decree about reconcilino-
such penitents as had been baptised by heretics,* that in case
they were in danger of death, and desired to be made Ca-
tholics, if the bishop was absent, a presbyter shotjid con-
sign them with chrism and the benediction. And the Coun-
' Con. Carth. ii. can. 3. Recouciliare quenquam in piiblicfi inissa, prcs-
byteronon Hcere, hoc omnibus placet. * Ibid, can iv. SI
quisquam in periculo fuerit conslitutus, et se reconciliari divinis altaribus
petierit, si episcopus absens fuerit, debet utique presbyter consulere epis-
copuin, et sic periciitantein ejus prsecepto recor.ciliare.
■ Con. Carth. iii. can. 32. Ut presbyter inconsulto episcopo non reconciliet
pcenitenleni, nisi absente episcopo, et necessitate cogenie. ■• Con.
Arausican. i. can. 2. Ha;reticos in mortis discriniine positos, si catholici esse
desiderent, si desit episcopus, a Presbyteris cum chrisniate et benedictione
consignari placet.
640 THK ANTIQUITIKS OV THK [BOOK XIX.
cil of Epone has a like order,' that if any lieretics, who lay
desperately sick upon their beds, desired suddenly to be
converted, in that case, for the salvation of their souls,
which was heartily desired, a presbyter should be pernnit-
ted to g-ive them the consolation of Chrism, that is, both
confirmation and reconciliation, which those, that were in
health, were only to desire of the bishop. And that this was
the ancient rule of the Church, appears from the letters of
Dionysius,^ Bishop of Alexandria, in Eusebius, where he
says, he had g-iven orders to his presbyters to grant absolu-
tion to all that were on the point of death, if they desired
it ; and especially if they had desired it before, that they
might have hope and consolation in their last minutes, when
they were about to leave the world.
Sect. 3.— And to Deacons also.
Neither was this commission and licence granted only to
presbyters, but to deacons also. For as they were allowed
to give men the absolution of baptism, in cases of extreme
necessity, so they were authorised to grant penitents the re-
conciliatory absolution in the same circumstances likewise.
For so the Council of Eliberis seems to determine,^ that
though presbyters ordinarily had not power to admit any
one to penance, but only the bishop : yet in case of in-
firmity both presbyters and deacons ought to receive peni-
tents to the communion, having the bishop's command to do
it. This is more plainly delivered by Cyprian, who says,* if
' Con. Epaunen. can. xvi. Presbytero, propter salutem animarum, quain
in cunctis o]itunius dt'spcratis, et in lecto dccuinbentibus hsereticis, si con-
versionem subitam pctant, oluismate subvenire permittinius. Quod etiain
omnes conversuri, si sani sunt, ab episcopo noverint expetendum.
* Ap. Euseb. lib. vi. cap. 44. * Con. Eliber. can. 32. Apud presby-
terum, siquis gravi lapsu in ruinain mortis inciderit, placuit agere poeniten-
tiam non debere, sed potius apiid episcopum ; cogente taraen infirmitatc, ne-
cesse est presbyterum communionem prestare debere, et diaconuin, si ei
jusserit sacerdos. * Cypr. Ep. xiii. al. IS. p. 40. Si incommodo
aliquo et infiimitatis periculo occupati fuerint, non expectatS prsjesentiS.
nostra, apud presbyterum quemcunque prsesentem, Tcl si presbyter repertus
non fuerit, et urgere exitus coeperit, apud diaconuin quoque exoinologesin
facere delicti sui possint; ut nianu eis in poenitentiS iinpositii, veniant ad
Dorainum cum pace. Vid. Ep. xiv. al. 19. p. 41.
CHAP, m.] CHRISTIAN CHURCH. 641
penitents were seized with any calamity, and were in appa-
rent dan;t^or of death, in ihe absence of the bisliop, they
naight make their confession before any presbyter tliat was
present; or, if a presbyter could not be found, before a dea-
con, and receive imposition of hands, that they might g'o to
the Lord in peace. It is plain also, that the clergy had
some share with the bishoj) in the more public and solemn
absolutions: because Cyprian often complains of some for-
ward men, Mvho were desirous of having the eucharist grant-
ed them, before they had received the solemn imposition of
hands from the bishop and the clergy to reconcile them to
the altar.
Sect. 4. — How far, and in what Sense Absolution might be said to be given
by a Layman.
But as presbyters and deacons did nothing* alone in this
matter without the bishop, but either in conjunction with
him, or by his authority and permission : so much less was
this power intrusted in the hands of any layman. Only in case
of extreme necessity, some canons allowed a layman to give
baptism to a catechumen (which was reputed, as we have
heard before, one sort of absolution) rather than he should
die unbaptized. This is evident from the decree made in the
Council of Eliberis,^ that in a voyage at sea, or in any place
where there was no church near at hand, if a catechumen
happened to be extremely sick, and at the point of death,
any Christian, who had his own baptism entire, and was no
bigamist, might baptize him. And the sentiments of Ter-
tullian, St. Jerom, and St. Austin, with several others that
have been canvassed in another book,^ shew, that this was
not the singular opinion of that Council. As to the other
sacrament, we no where find, that either deacons or laymen
' Cypr. Ep. 10. al. 16. p. 37. No;ulum manu eis ab episcopo el clcro im-
posiiS, Euchaiistia illis daliir, &c. Ep. xi. al. 15 p. M: Ante manum ab
episcopo et clero in pcenitealiam impositam, &c. Ep. xii. al. 17. p. 39.
* Con. Eliber. can. 38. ' Scholast. Hist, of Lay-baptism, par. i.
chap.i. soot. 8, &c.
VOL. VL 2 T
1)42 THE ANTIQIIITIKS OF THE [bOOK XIX.
were allowed to consecrate it; that being" the office of pres-
byters only. Neither were laymen allowed to minister pub-
licly either the bread or the cup, when consecrated, to the
people: for that was the standing; office of deacons. Yet a
layman in case of absolute necessity might carry and minis-
ter the consecrated bread and wine in private to a dying
person, and so far be instrumental in his absolution : as ap-
pears from that famous case related by Eusebius,* out of Dio-
nysius of Alexandria, concerning Serapion, who had the
eucharist sent him by the priest, and given him by the hands
of his servant. But the remark, which Bishop Fell makes
upon this, is very just:^ that whatever necessity compels
men to do, it defends, but only so far and so long as the
necessity lasts. It is a known story in Eusebius, of the eu-
charist being transmitted to Serapion by a boy : yet no one
may thence infer, that therefore children may dispense those
holy mysteries. He thinks the same reason holds for dea-
cons reconciling penitents in case of extreme necessity : that
it was an extraordinary case ; and no consequence is to be
drawn from necessity and extraordinary cases, to prejudice
the ordinary rules and standing measures of the Church. If
men exceed their commission, and excommunicate or ab-
solve without power, they are themselves liable to censure
for their usurpation, and the Church may reverse all such
irregular acts by her own just authority at pleasure. There-
fore when the Council of Ephesus had deposed Nestorius
and Ccelestius for their heresy, and reduced them to the
state of laymen, she declared,-^ that she took from thern all
the power of the priesthood, which enabled them to do good
or harm to others, that is, either to excommunicate or ab-
solve. And whereas Nestorius after this pretended to depose
some clerks from their priestly office for their orthodoxy,
the synod declared his act a nullity,* and that the priests so
deposed should be restored to their station again. And on
' Euseb. lib. vi. cap. 44-. See beforf chap i. sect. 3. Where the whole
story is more fully related. * Not. in Cypr. Ep. xviii. p. 40.
' Con. Ephes. in Epist. Encyclicft. Con. torn. iii. p.8(>4. * Con.
Ephes. can. iii.
CHAP. 111. J CHRISTIAN CHLRCH. G43
tlic other hand, whereas Nestoiius and his accomphees
had attempted to restore those to communion, or their order,
whom the synod had condemned, the synod declared, this
shouhi not profit them ;^ they shonhl remain excommunicate
or deposed notwithstanding-. Tliis shews, that neither lay-
men, nor clerks reduced to tlie state of laymen, had any
power of binding' or loosing by t!ie ordinary rules of disci-
pline in the Church. And so, Thcodoret says,^ a certain
bishop told Theodosius Junior, when he w^as under some
concern for being- rashly excommunicated by a monk. The
g-ood Emperor was uneasy even under an unjust excommu-
nication by an incompetent authority pronounced against
him, and would not sit down to meat till he was absolved.
For which purpose lie sent to the bishop, to desire him to
engage the person, who had bound him, to come and ab-
solve him ; the bishop told him, it did not belong' to every
one to excommunicate, and therefore he was absolved al-
ready: yet this did not satisfy the emperor, till the man
was found out, to come himself, and restore him to the com-
munion of the Church. The bishop's answer in this case
was certainly very just; but the emperor, being a man of
a tender conscience, could not entirely rest upon it. Per-
haps he was sensible he had done the monk some personal
injury, in which case personal satisfaction was to be made,
and private pardon to bo asked, according to that rule of
our Savionr, " If thou brino' tliv ffift to the altar, and there
rememberest that thy brother hath ought against thee; leave
there thy gift before the altar, and go thy way ; first be re-
conciled to thy brother, and then come and offer thy gift."
In this case every man has power to pardon the sins of his
brother, and also to admonish him, and instruct him, and
pray for him, which are private and remote ways of recon-
ciling him to the altar: it is of these St. Austin speaks^ in
• Con. Ephes. can. r. '^ Theodor. lib. v. cap. 37. ' Aug. Tract.
58 in Joan. toin. ix. p. IW. Invicem nobis delicta donemus, et pro nostris
delictis invicem or«;miis, atque ita quodanimodo invicem pedes nostros lavc-
mus, &c. Ut quod aliis ctiam dimitlinius, hoc est, in teirS solvimus, solvntur
rl in crlo.
644 THE ANTIQUITIES OF THE [BOOK XIX.
conformity to that precept of the Apostle, Col. iii. 13. " F^or-
giving- one another, if any man have a quarrel against any;
even as Christ forjiave yon, so also do ve." '' Let us for-
give one anotlior's sins," says he, " and pray for the sins of
each other, and so in some measure wash one another's
feet. Tis our part, by the gift of God, to use the ministry
of charity and humility; but it belongs to God to hear our
prayers, and cleanse us from all pollution of sins by Christ
and in Christ, that what we forgive unto others, thai is to
sav, what we loose upon earth, may be loosed in heaven."
This is so necessary a part of Christian duty, tiiat no one
may forego this way of loosing' his brother, under pain of
having his own sins retained by God. '• For if we forgive
men their trespasses, oi.r heavenly Father will also forg'ive
us : but if wc forgive not men their trespasses, neither will
our Father forgive our trespasses." Upon wliich one of
the Ancients ohserves,' that we bind ourselves the faster in
our own sins, if we refuse to loose the bonds of others. And
nothing- is more common among the Fathers than to say,
men bind themselves, or are bound by others, when they
trespass against them, and never ask forgiveness: and that
they loose themselves or others from sin, either by alrns-
deeds, or charity, or converting of sinners, or praying for
them, or remitting their trespasses committed against them.
With respect to bindmg St. Austin sa\s,2 ^yhen any brother
sins against another, and he thereupon begins to esteem him
as a publican, he binds him on earth; but he must take
care that he bind him justly, for unjust bonds are broken by
the justice of God. And for loosing, Origen reckons up
seven ways, whereby Ch.ristians may obtain remission of
sins, whereof five are apparently private actions of private
' Sedulius Carm. Paschal, lib. ii. Bibl. Patr. torn. viii. p. 665.
Graviusque soluti
Neclimur, alteiius si solvere vinc'la negeinus.
* Au^. dc Verbis Dom. Serin, xvi, cap. 4. Coepisti habere fratrem tuura
Unqukm publicanum: ligas ilium in terr&. Sedut juste alliges, vide: nam
injusta vincula dirumpit justitia.
CHAP, ni.] CHKlsriAN CHURCH. 645
men. The first is baptism, whereby men are baptized for
tfic remission of sins.' The second is the sud'eiirig- of mar-
tyrdom. The tliird is almsdeeds. For our Saviour says,
" give ahns. and behold all thing's are clean unto you."' The
fourth is foroivinir ihe sins of our brethren. For our Lord
and Saviour says, " If ye from your heart forgive your bie-
thren their trespasses, your Father will forgive your tres-
passes." The lit'th is, when one converts a sinner from the
error of his ways. The sixth is tiie abundance of charity, as
our Lord says, " her sins, which are mjiny, are forgiven,
because she loved much." The seventh is the hard and la-
borious way by penance, when a man waters his couch with
his tears, and his tears are his bread day and nig-l)t, and he
is not ashamed to declare his sin to the priest of the Lord,
and seek a cure. The first and last of these, viz. baptism
and penance, are public acts, in which the ministry of the
priest is concerned : but all the rest, martyrdom, almsdeeds,
forgiving injuries, converting sinners, and exceeding love
of God are private actions of private men, and may be per-
formed by any good Christian. And therefore the remission
of sins, that is ascribed to them, is no peculiar act of the
ministry, but may be the act of any private Chris-
tian. Consequently so for laymen may be concerned in the
remission of sins without any intrenchment upon the minis-
try : IJut these being- only private acts, are of no further
consideration in the present discourse, which only relates
to ministerial absolution, and the public discipline of the
Church.
I have now gone over all that relates to the exercise of
penitential discipline, so far as concerns the practice of the
ancient Church. As for doctrinal points, such as the ques-
tion, whether penance be properly a sacrament? And whe-
ther sacerdotal absolution be necessary to salvation 1 These
come not directly w ithin the design of the present undertak-
ing-, which onlv considers the practice of the Church. But
*' • r 1
because I have had occasion to write some little tracts upon
Orig. Horn. li. in LevU. torn. i. p.lll.
t;4G THK ANTIQUITIES OF THE [bouK XIX.
the latter question, and it will not be unacceptable to some
readers to see them made public, I shall here subjoin them
by way of appendix to the present Discourse.
Note. — As my Great-Grandfather (the learned autlior)
himself states, that the two sermons, which in the original
edition formed the Appendix, " do not come directly
within the design of the present undertaking;" and as this
volume already contains a greater quantity of letter-press
than any of the preceding ; and further, as I have a third
sermon to print, bearing in some measure on the same sub-
ject, I have resolved to place them, togetlier with several
other sermons on abstruse points of divinity, in one of the
subsequent volumes.
R. B. Editor.
HtxiKRSoM & Co. l•^inl^r^, 19, Old Hoswrll Couri, CarrT-stvcnl.
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